NCJ Number
18153
Journal
Marquette Law Review Volume: 58 Issue: 1 Dated: (1975) Pages: 183-191
Date Published
1975
Length
9 pages
Annotation
EXAMINES ALTERNATIVE PRECEDENTS FOR HANDLING EVIDENCE GATHERED UNDER JUVENILE COURT JURISDICTION AND SUBSEQUENTLY SUBMITTED FOR CONSIDERATION IN A CRIMINAL PROCEEDING AFTER REFERRAL.
Abstract
THE DECISION OF THE MINNESOTA SUPREME COURT IN STATE V. LOYD IS EXAMINED IN THE LIGHT OF ALTERNATIVE RELEVANT PRECEDENTS. A JUVENILE SUSPECTED OF A ROBBERY WAS GIVEN A STANDARD MIRANDA WARNING BUT WAS NOT INFORMED THAT HE MIGHT BE PROSECUTED AS AN ADULT. THE DEFENDANT SUBSEQUENTLY SIGNED A STATEMENT ADMITTING INVOLVEMENT IN THE ROBBERY. THE COUNTY JUVENILE COURT LATER WAIVED ITS JURISDICTION OVER THE DEFENDANT AND REFERRED HIM FOR PROSECUTION AS AN ADULT, WHEREUPON, HE WAS TRIED AND FOUND GUILTY OF AGGRAVATED ROBBERY. APPEAL WAS MADE ON THE BASIS THAT HIS CONFESSION, WHICH WAS GIVEN WHILE HE WAS UNDER THE EXCLUSIVE JURISDICTION OF THE JUVENILE COURT, SHOULD NOT HAVE BEEN ADMITTED AS EVIDENCE IN A CRIMINAL PROCEEDING. FOUR BASIC MODES OF DEALING WITH CONFESSIONS OF JUVENILES MADE PRIOR TO REFERRAL TO CRIMINAL COURT ARE DISCUSSED. THE MINNESOTA COURT CHOSE THE OREGON METHOD WHICH JUDGED A CONFESSION OF A JUVENILE TO BE ADMISSIBLE AFTER HE HAS BEEN APPRISED OF HIS CONSTITUTIONAL RIGHTS AND VOLUNTARILY AND INTELLIGENTLY WAIVED THOSE RIGHTS WHILE BEING QUESTIONED IN AN ADVERSARY SETTING. THE AUTHOR CONSIDERS THE DECISION AMBIGUOUS IN DEFINING AN ADVERSARY SETTING AND RECOMMENDS THE MALONEY PRECEDENT FROM ARIZONA, WHICH REQUIRES THAT A YOUTH AND HIS PARENTS BE SPECIFICALLY INFORMED THAT CRIMINAL PROCEEDINGS COULD FOLLOW THE OUTCOME OF THE INVESTIGATION.