Many states have laws that provide juveniles with special protections during a custodial police interrogation. These laws vary from state to state. Some states provide that a juvenile\'s parent or guardian must be present for a Miranda advisement and any ensuing interrogation. Other states require the child be allowed to consult with his or her parent or guardian before being questioned. And some states don\'t require an adult\'s approval and judge the admissibility of the juvenile statement\'s the same way as an adult\'s statement is judged.
Laws providing extra protection to juveniles are intended to ensure that during a police interrogation a juvenile is advised concerning his or her privilege against self-incrimination and right to counsel by someone whose interests are consistent with those of the child.
Utah, where you are from, is not one of these states. Utah does have a law that requires an officer to notify a parent or guardian that their child has been taken into custody without unnecessary delay. However, the law has been held not to apply to police interrogations of juvenile suspects.
Instead, Utah allows juveniles to make a voluntary confession, even of capital offenses, without the presence or consent of counsel or other responsible adult. The admissibility of such a confession at trial depends on a combination of factors such as age, with other circumstances, such as the child\'s intelligence, education, experience, and ability to comprehend the meaning and effect of his or her statement. The court will also consider whether the juvenile was subjected to duress, threats, promises or other coercion.
Answered on Jan 30th, 2004 at 12:13 AM