Nov 20 2008
Kids being interrogated…
So if anyone has watched the news lately, there is the 8 year old boy who shot his father all over it. Apparently, he shot his father and his fathers friend one night and is now in police custody. The police did an interrogation with this boy- no lawyers present, no rights read, nothing. The boy ended up confessing by saying “I think i might have shot him” over and over. I don’t know the facts about this case, so I don’t know if they have pure evidence that he did indeed kill these people, but I feel an interrogation was unneccesary. Listening to the boy is so sad. The policy pretty much will make you say anything (even if its not true) and this 8 year old probably has no idea what is even going on. I am not saying that an 8 year old should be able to kill people, but I think that they way the system goes about convicting, is wrong. Frankly, I don’t know what the right answer is, but I do know, is that sometimes people (minors usually) end up confessing to things that they might not have even done- and then they get to spend years in jail- until the truth comes out.
Why wasn’t an adult representing the boy present? Isn’t the confession inadmissible if there wasn’t a guardian or legal counsel present during the interrogation? I would guess that at some stage the conditions of the interrogation will be assessed and ruled on.
don’t know. Thats why I don’t like the system.
From what I’ve read, the confession and any information gained during the questioning will be inadmissible in court.
Even if the police read the boy his Miranda Rights, I don’t think the arrest would stick without a parent or guardian being present. Part or the Miranda Rights involves the ability to understand those rights. I think it could be easily argued that an 8 year old is too young to understand that he doesn’t have to talk to the police if he doesn’t want to and he can call a lawyer anytime he wished. Especially since it appears the female investigator was using the fact that he is a child and she’s an almost “mom” like authority figure.
Sadly, all of this is irrelevant. It doesn’t matter if this information is allowed in court or not by the judge. It’s in the news now. Prospective jury members have already heard it. They can be told to disregard it come trial time but chances are, it’ll have some effect anyway. I would honestly be surprised if this has a negative effect on the boy, though. I think a lot of people are outraged at the treatment he’s received at the hands of the police so far.