Can a child be questioned without a parent at school?

Generally, school administrators can question students at school without a parent or guardian being present. Students may tell school staff or school police officers that they do not want to answer any questions, make any statements, or write any statements without a parent, guardian, or lawyer.

Can a minor be questioned without a parent present in New York?

You also asked what the situation is in other states. New York does not prohibit police from interrogating 16, 17 or 18 year olds unless their parent or guardian is present. It does provide certain protections for children under 16 years of age who are taken onto custody.

Do juveniles have different rights regarding interview and interrogation procedures than adults?

A juvenile has both a right to counsel and a privilege against self-incrimination in juvenile delinquency proceedings. A juvenile may waive his Fifth Amendment rights and consent to interrogation. Fare v. Michael C., 442 U.S. 707 (1979).

Can police talk to children without parents present?

The Codes of Practice make it clear that as far as practical, children and young persons under the age of 17, whether suspected of crime or not, usually should only be interviewed in the presence of a parent or guardian, or in their absence, someone who is not a police officer.

What age can a child be interviewed by police?

From the age of 10 years, a child can be arrested and interviewed by the police, or asked to attend a voluntary interview. The law requires that children have an appropriate adult with them.

Can I refuse a police interview?

You can refuse to partake as it’s a ‘voluntary’ interview, however, a refusal to attend could prompt the police to arrest you, where you will need to give a “standard interview” in custody. It’s important to note that you are entitled to independent legal advice whether you are giving a standard or voluntary interview.

Do juveniles have Miranda rights?

Minors accused of juvenile crimes in California have the right to remain silent and to be read a “Miranda warning” before being interrogated. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.

What tactics do police use in the interrogation of juveniles?

In the great majority of interrogations reviewed (69\%), police used maximization strategies: confronting the juvenile with evidence against him or her, accusing him or her of lying, noting inconsistencies, and emphasizing the seriousness of the charges (Feld, 2006 (Feld, , 2013.

Do juveniles have to be read Miranda rights?

A juvenile is entitled to have their Miranda rights read to them if they are being held in custody and being interrogated by a law enforcement officer. Law enforcement officers are required to state Miranda rights to a juvenile in a language that the juvenile understands.

Does a minor have the right to remain silent?

Minors accused of juvenile crimes in California have the right to remain silent and to be read a “Miranda warning” before being interrogated. The Miranda warning is the one often heard on television and in the movies: You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

How long can a minor be held in police custody?

After children are arrested, they cannot be detained for longer than a 24-hour period without being brought before a court, unless the crime is homicide or a crime punishable by “death or transportation” (transportation or banishment to a penal colony is no longer used).

How long can a child be kept in police custody?

In police custody, children are defined as those aged 16 years and under, whilst 17 year olds are treated as adults. Children may find themselves detained for up to 24 hours or more in police custody, particularly if they are charged and then refused bail.

Can police interview children as witnesses or victims of crime?

If police, including officers on the street and school police officers, begin questioning a child and the child requests that she be allowed to call a parent or have a parent present, the police should stop and allow her to do so. This article addresses the topic of police interviewing children as witnesses or victims of crime.

Can a child be questioned by the police without a parent?

Police are free to approach and question any child who may have witnessed or been the victim of a crime, just as they can contact and interview an adult. Police can question a child without a parent present and are not required to obtain permission from a parent before questioning the child.

What happens when a child victim or witness is questioned?

In reality, when a child victim or witness is questioned or interviewed, a number of difficulties can arise which can go unnoticed by those leading the questioning or the interview. This has a negative impact on the child and can lead them to give a less complete and reliable testimony.

What is the interview process like for a child victim?

Interviewing a child is in some ways very similar to interviewing any crime victim but, in some ways, it’s very different. The first hurdle is to get the child to open up. Second, the child needs to be able to communicate what has happened in a manner that leaves no ambiguity as to the nature of the offense.