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

Answer

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

Answer

Yes, 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"

Answer

It 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

 

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First answer by Redbeard. Last edit by Policeexplorer. Contributor trust: 66 [recommend contributor]. Question popularity: 73 [recommend question]


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