[BigRed]

Can law enforcement question children without a parent or having an attorney present? What are their rights?

[DJ 'H']

Can law enforcement question children without a parent or having an attorney present? What are their rights?

No I do believe that all minors must have an adult present namely a parent.

[mr.yet]

It would depend if the are suspect in a crime, If just asking general question in public, they should ask the parent first, If a the police station, parent and attorney or both must be present, generally. No one has to answer any questions, but one must request that a attorney be present.

[Fr_Chuck]

Ok here lies the problem.

First in most cases while we call it "criminal" most states have separate kids court or family court. In there the action of the child is not considered a crime like in adult court. The family court looks at the actions of the child, and the family situation to determine proper guardianship of the child.

They are often not punishing the child but having the child's custody given to the state so that they can be properly shown the correct behavior.
( we all know this is a lot of bull, but yes this is the way the system is explained)

But in general the family court investigator, or their representitive can talk to the child without the parents being present in many states. In some this also allows the police to talk to the child also.

The rulings were based on the need to talk to the child about possible child abuse issues but the use has went to allow other investigations also.

So as a parent of 5 boys, a couple who had an opportunity to visit a police station once or twice, I know first hand, the police at least in GA, do not need the parent or an attorney present, but they do have to inform the child of their rights.

We went to an attorney and their talking to the child ( including lying, which the police often do to get someone to confess) was upheld in court.

The family court system works under completely different rules than adult criminal court.

[CaptainForest]

If the child is being treated as a suspect, then a paretn and/or attorney MUST be present. This is NOT an option for the police. If they don't follow proper procedure, any possibel confession will be thrown out.

If the police are talking to the child as a witness ONLY, then no parent or lawyer needs to be present.

[Fr_Chuck]

If the child is being treated as a suspect, then a paretn and/or attorney MUST be present. This is NOT an option for the police. If they don't follow proper procedure, any possibel confession will be thrown out.

If the police are talking to the child as a witness ONLY, then no parent or lawyer needs to be present.

I will say consult your attorney in your state, I can not say about all states, but from personal experience I know they can and do, in the states I have been a law enforcement officer in and ones I have dealth with for my children and family court does use this info in its hearing, since they don't find them guilty, merely find them as a deliquent and decide custody. The entire system works differntly than adult court.

[CaptainForest]

I will say consult your attorney in your state, I can not say about all states, but from personal experience I know they can and do, in the states I have been a law enforcement officer in and ones I have dealth with for my children and family court does use this info in its hearing, since they don't find them guilty, merley find them as a deliquent and decide custody. The entire system works differntly than adult court.

Fr Chuck,

You are assuming this person lives in the USA.

BigRed never says where they live. My information applys to anywhere in Canada. Criminal law is a federal issue in Canada. Which is so silly, but that's a whole other debate.

[Fr_Chuck]

Oh yes, USA north, I have forgotten we have not taken it over yet, don't know why we did not buy it somewhere way back when, but then I still don't know why we bought Alaska either.

( just joking) I have often wished America would adopt some of the social programs you all have up there. That is silly about all being federal, but then the way we do it is all messed up to. Serious crimes get almost no punishment. But then each state having so different punishment and even laws, it drives me nuts at times.

I guess they could even be in some nation where it is OK to drag kids out of their home, beat them and make them confess.

I get some of the same problems I warn others about, I forget that not everyone lives in the USA. Not really use to the global neighborhood yet

[CaptainForest]

Oh yes, USA north, I have forgotten we have not taken it over yet, don't know why we did not buy it somewhere way back when, but then I still don't know why we bought alaska either.

Yeah, be glad you didn't. Do you know how long……(40 years) Quebec has been yelling they want to separate?

Now western calls for separation are higher than they have ever been since the early 1980s.

Alaska. You guys bought Alaska (in 1867) because if an invasion came through, America did not think Canada could defend such an attack. Gee, even 140 years ago American thought we had a weak army. Not much ahs changed since then :P American could take us over in a second if they wanted to. It would be easier than the invasion of Iraq.

That is silly about all being federal, but then the way we do it is all messed up to. serious crimes get almost no punishment. but then each state having so different punishment and even laws, it drives me nuts at times.

My stock broker gave me bad advice. I lost my entire $50,000 investment. So I decided to get even. I went to his house one night and I killed him.

I was charged and convicted of Murder in the First degree and was sentenced to life imprisonment. I was not classified as a dangerous offender.

In 12.5 years, I was released on probation.

When I say "I", I don't mean "me". Just Mr. X

A life sentence in Canada is 25 years. And by the time you have served 50% of your sentence, you must be released on probation (according to the law). The only exception is for someone who has been designated a dangerous offender. Like Paul Bernardo.

The punishments for serious and violent crimes here in Canada are too weak. Hopefully the new Conservative government will keep their promises and tough the laws. They are 18 points up in the polls right now, and the election is in 4 days.

I guess they could even be in some nation where it is ok to drag kids out of thier home, beat them and make them confess.

China and the rest of the communist world.

I get some of the same problems I warn others about, I forget that not everyone lives in the USA. Not really use to the global neighborhood yet

Lol. You will get use to it eventually.

I have often wished America would adopt some of the social programs you all have up there.

Like Universal Health Care? I think that is Canada's biggest achievement.

[Fr_Chuck]

Yeah, be glad you didn’t. Do you know how long……(40 years) Quebec has been yelling they want to separate?

Now western calls for separation are higher than they have ever been since the early 1980s.

Alaska. You guys bought Alaska (in 1867) b/c if an invasion came through, America did not think Canada could defend such an attack. Gee, even 140 years ago American thought we had a weak army. Not much ahs changed since then :P American could take us over in a second if they wanted to. It would be easier than the invasion of Iraq.


China and the rest of the communist world.



Lol. You will get use to it eventually.


Like Universal Health Care? I think that is Canada’s biggest achievement.

Can't mention china since of couse everyone knows I am so politically correct all the time,

Universal health care, can't mention I want that, since they would take my Republican membership card away

Alaska, may start a new thread just on that, all the study in school and I still have never understood it, and of course I don't know why we did not invade Cuba for real and take it years ago either. And of course we have a tighter border between US and Canada than we do Mexico

Guess that is why they don't have me as a political leader in America.

[CaptainForest]

Can't mention china since of couse everyone knows I am so politically correct all the time,

Universal health care, can't mention I want that, since they would take my Republican membership card away

Alaska, may start a new thread just on that, all the study in school and I still have never understood it, and of course I don't know why we did not invade Cuba for real and take it years ago either. And of course we have a tighter border between US and Canada than we do Mexico

Guess that is why they don't have me as a political leader in America.

Hehe.

Very funny Fr Chuck.

You guys do seems to protect the Cdn-American border better than the Us-Mexico. Actually, its just that most Canadian don't try to sneak into your country. But out west, there are so many places to get into USA from Canada without going thro any sort of border.