In this particular scenario, I would permit to challenge my down about what happen in the interview room. The choices that were make by my follower by non following the correct communications communications protocol could have put the case in jeopardy. His choice of not trying to locate the male childs p bents or well-grounded guardian also was a violation to the boys. Juveniles are entitle to all constitutional rights afforded to adults. Officers should fully enjoy pueriles Constitutional Rights. In New York State where I base this incident, the apprehend ships officer should have notified the parents or sound guardians (McKinneys Family Court work out: 305.2) of the fact that he or she has been taken into custody as soon as potential upon arrival at the constabulary facility. If the parent or healthy guardian cannot be reached and a relative or caretaker leave behind not take custody, the division of Juvenile Services (DJS) testament be notified by the arresti ng officers. Officers lead have a parent present when a juvenile fifteen (15) geezerhood of age or young will be questi geniusd and informed of his/her Miranda rights (Index Code 1702) (Effective Date 7-23-2012) My checkmate made no judge to fire either boys parents or legal guardian and had not advised them of their right to legal advice, because their rights were violated, which put the case in jeopardy.
Even at the magnitude of what they are charged with, they are still entitled to have their rights protected: a violation by the police bar the admission prices of any statement the juvenile has made. Consequently if my partner had made all reasonable attempts to notify the p arents or some other legally responsible pe! rson, their absence at the time of speculative would not automatically bar the admission of the statement the juveniles had made. Their absence at the time of questioning is one factor the courts will have to consider to determine whether the statements were made voluntarily. (Regle v. Castro 462 N.Y.S. 2d 369 (1983) figure Commentaries to McKinneys Family Court...If you want to get a full essay, roam it on our website: OrderEssay.net
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