CHILDREN AND THE LAW
...Delinquency Matters
......Confessions & Admissions
.........Test-Coercion
 15 Cards On This Topic:
  • Minor’s admissions may not be used absent waiver of Miranda rights.
  • Habeas relief for M proper where evidence showed Miranda warnings were inadequate and relentless overnight questioning by tag team of Os overbore his will and rendered his confession involuntary.
  • Minor's confession inadmissible as police didn't allow him access to attorney on request and courts failed to consider corroborative testimony of lawyer.
  • Under totality of circumstances, Os not required to readvise M of Miranda rights in later interrogation by investigator which was reasonably contemporaneous with M's initial knowing and intelligent waiver.
  • B/c interrogation should have stopped when D invoked his right to remain silent, admission of subsequent stmts violated Miranda; error harmless given the evidence and no coercion as D's will was not overborne by continued questioning.
  • Given the susceptibility of youths in custodial interrogation, and the accusatory, dominating, unyielding, and intimidating interrogation of M, his inculpatory statements could not be deemed a product of his free will.
  • Minor D failed to establish under the totality of the circumstances that his will was overborne such that his admissions to Os were involuntary.
  • M, released from restraints and never told he was to be arrested, not subject to Miranda requirements when questions resulting in admissions asked.
  • 33-hour violation of immediate arraignment requirement of Juv. Delinq. Act not so egregious as to deprive heroin-carrying minor of her right to due process.
  • Wardship reversed for police violation of Miranda where questioning continued despite M’s refusal to waive rights.
  • Totality of circumstances determines whether minor may knowingly and intelligently waive privilege against self-incrimination and right to counsel during custodial interrogation.
  • Repeated promises of leniency, coupled with uncommendable interrogation comments, render minor’s confession coerced and inadmissible.
  • Standard of proof for determining voluntariness of juvenile’s confession is preponderance of evidence as shown by totality of circumstances.
  • Under totality of circumstances test, no free will where officer’s promise of leniency was factor prompting minor to confess.
  • No appeal issue of voluntariness of confession after minor’s admission to petition.


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