When may you question a juvenile?

When may you question a juvenile?

• A. The juvenile may be questioned only if they sign a separate waiver in private.
• B. The juvenile may be questioned if they waive the Miranda rights in the presence of a parent; the parent does not have to separately waive rights, but must be advised of them; if the parent objects, questioning should stop.
• C. The juvenile may be questioned only after a court orders questioning.
• D. The juvenile may never be questioned.

Answer: (B)

A juvenile can be questioned when the juvenile knowingly and voluntarily waives Miranda rights in the presence of a parent or guardian who has been advised of those rights. The parent’s presence helps ensure the juvenile understands what is being waived, and the parent does not need to waive rights separately. If the parent objects to the questioning, the interrogation should stop. This reflects the protective approach toward juveniles in custody, emphasizing that a parent’s involvement and proper advisement of rights help prevent coerced or misunderstood waivers. Other options misstate the need for a private separate waiver, require a court order, or imply juveniles can’t be questioned at all.

A juvenile can be questioned when the juvenile knowingly and voluntarily waives Miranda rights in the presence of a parent or guardian who has been advised of those rights. The parent’s presence helps ensure the juvenile understands what is being waived, and the parent does not need to waive rights separately. If the parent objects to the questioning, the interrogation should stop.

This reflects the protective approach toward juveniles in custody, emphasizing that a parent’s involvement and proper advisement of rights help prevent coerced or misunderstood waivers. Other options misstate the need for a private separate waiver, require a court order, or imply juveniles can’t be questioned at all.