juveniles and miranda

[smatzke]

i am a police detective in the state of indiana..
hypothetical situation... a 17 year old juvenile commits a crime and is subsequently arrested after reaching the age of 18 (adult) after he is arrested i need to conduct an interrogation... Question- what rules apply in regards to the advisement of rights? since the suspect is now an adult
can i advise him as i would any other adult or do i need to treat him as a juvenile and have his parents present during the advisement of rights?

 

[daniel123456]

rights

that would depend upon your states laws,in what it recognizes as an adult,with regards to what criminal action the eledged party had commited.if your not sure of your states laws,you should attempt to contact your district attorneys office to find out the correct procedures that would apply.it is a fact that defendant has the right to be given their miranda warnings,recently we were faced with the question of whether or not the federal act of congress that had passed a law that disclaimnd the rights of the miranda warnings,the us.supreme court found that the federal law had no powers to do so,thus insuring that ones mirandas must be given,as long as it is made clear to the suspect that though they may not be under arrest at that time,if they agree to consent to questioning without an attorney,then it should be recorded,and have his,or her signature on relinquising their rights,to provide for the questioning.if the crime was commited at the time when the person eledged was a minor,and were discoverd later at the age of majority in the state that the offense had been committed,the rules i would believe concerning the the arrest would fall under the age of the person now,but the punishment may be only given under the rules of how old the eledged person was at the time the crime had been committed.i am not attorney,please advise one in your home state,good-luck,friends.

[Edited by daniel123456 on 06-02-2001 at 11:39 PM]