As a minor, am I entitled to have my parents present before I make statements to the police?
As a juvenile, whether or not you are entitled to have a parent present when questioned by the police may depend on the state in which you were arrested. In 1967, the Supreme Court stated that the Fifth Amendment privilege against self-incrimination does apply to juvenile criminal court proceedings. It further stated that statements made by a juvenile while in custody would not be admissible evidence unless they were made voluntarily. The Supreme Court did not define the circumstances under which statements made by a juvenile would be considered voluntary.
When are the statements of a minor considered voluntary?
Since the 1967 ruling, state courts struggling with the problem have essentially adopted two different approaches to determine if juvenile statements are voluntary. Some courts use a totality of the circumstances test, weighing factors such as the juvenile's age, relative sophistication, prior contact with the juvenile justice system and the lack of counsel or parents to decide whether the juvenile's waiver of his right against self-incrimination was knowing and voluntary. In these jurisdictions, no single issue is determinative. Rather, the court will look at all of them as it reviews the admissibility of statements. However, even in these states, if the juvenile requests but does not have access to a parent prior to questioning, this may weigh heavily against the admissibility of his or her statements.
How are minor statements regarded in other states?
Some states that do not use a totality of the circumstances test have adopted a strict rule that dictates a juvenile statement is not admissible unless a parent is present when it is made. These states are concerned about the potential that juvenile statements may be inherently unreliable. On the assumption that a juvenile does not have the capacity to make a voluntary waiver of their Fifth Amendment right, these states do not allow any statements made without a parent or other adult present to be admitted in court.
Recognize that you, a minor, do have the right not to incriminate yourself. If you are arrested and the police want to obtain statements from you, regardless of the state in which you live, you should firmly request that you first be allowed to consult with either an attorney or your parents.
