Children and the Law
Criminal Law
Police and Law Enforcement

Can police question a 12-year-old about their possible involvement in a crime with a parent being present?

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2011-09-12 15:51:18
2011-09-12 15:51:18

Yes they can ask but you the juvenile do not have to answer their questions. You have the right to remain silent. You are protected under the 5th Amendment. You can also ask for an attorney. Just do not talk to the police in questioning you do not have to. When you ask for a lawyer they have to stop all talking.

Ameriziliano Answer- i know from personal experience that a cop may ask you questions at the scene of a crime if it is relevant to the situation at hand (which way did the killer go? what color was the car? etc.) and, just like an adult, you do have the right to remain silent- one major difference though (remember laws change from state to state and I'm talking about Texas). With juveniles, anything a juvenile says to the cop may NOT be used against him or her in court, with adults; anything they say may and will be used against them in the court of law (you've heard the latter a million times if you've watched cops). So basically a juvenile being interrogated by a cop can say that he killed the victim or robbed the bank and it will not be used against him or her ever in court and will not be considered evidence. A cop may not ask any incriminating questions to the juvenile and if he or she does, the whole case may be dismissed due to faulty procedure.

if you liked my answer, recommend me vvvvvvvvvvvCorrection!In some states it is different. GENERALLY, the child may be questioned w/o guardian if they are a victim. If a minor is a suspect a cop will most likely ask broad general questions to get a non direct answer. Technically it is illegal for them to directly ask incriminating questions. A parent is, however, allowed to answer for them.

Witnesses are usually questioned in the presence of an adult guardian, but is not mandatory depending on the crime. If they witness the parents abusing the sibling, then of course not, it is too influential. There are so many laws and loop holes, an attorney should be brought in for this to determine local jurisdictions.

It depends on the crime. There will usually be some kind of child's advocate present when the questioning takes place.

AnswerYes, with or without the parents present.

It is a mistaken belief that every state requires the parent(s) or legal guardian be present when a minor is interrogated by authorities. Even in those states where it is mandated it is not necessarily a "good thing."

Some parents can be as intimidated by authorities (or even more so) then the minor, and often try to convince the young person to answer any questions put to them. This is a big mistake, minors have the same legal rights as adults, they have the right to remain silent and to have legal counsel. If the parents cannot afford an attorney or do not want to retain one, a Guardian Ad Litem will be assigned by the court.

Guaranteed representation is only if you are being charged with a crime. Children do not fall under the priviledged act and can and often are questioned when there is suspicion of criminal activity of the parents, especially if it took place in the home, involved the children or if there is probability that the children were being instructed to "keep a secret"

AnswerIt also depends on what you mean by crime involvement. Are they a suspect, victim, or witness. Especially if they are a child abuse victim, and the parents are suspect, they would not even be allowed to watch the interview from the one-way mirror room.

In England anyone under the age of 17 is considered a juvenile and as such are required to have a responsible adult present at the time of questioning,this can be a parent,social-worker,solicitor,friend,stranger,but any responsible adult that the juvenile is happy to have present

IF THE PARENT WAS THERE YES ANYBODY CAN QUESTION YOU!

CORRECTION:

Before relying on any of the above information, make sure that you know the laws in your state. For example, in Washington, children can be questioned and interrogated by law enforcement without their parents' permission or knowledge. More importantly, anything a juvenile says to law enforcement (post Miranda) can be used against them in court. Thankfully, juveniles, like adults, have the right to have counsel present if they are being questioned. Although they rarely do, juveniles would be best served by learning to not give any statement to law enforcement without prior advice from legal counsel with counsel present when the statement is being given.

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