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Question
Case 12.2A 16-year-old male suspect is detained and questioned by his school principal regarding drugs found in his school locker. The boy confesses to supplying small quantities of drugs to a few friends. The boy and the drugs are turned over to juvenile detectives. The principal advises the juvenile detectives of the boy's confession. The detectives transport the juvenile to the police station where he is placed in a juvenile interview room. The detectives are familiar with the juvenile as he has two prior arrests for theft. The detectives attempt to reach the juvenile's parents without success. The juvenile detectives provide the boy with his Miranda warning which he indicates that he understands. He is then questioned regarding the drugs and from whom he has been obtaining the drugs to sell at school. The juvenile repeats his previous confession he gave to the principal. He remains silent in response to questions regarding who his supplier is stating "I'm not a snitch. I am not talking about anyone else." The detectives then advise him that another high school student overdosed and died from the same drugs he was dealing. He stops speaking other than to repeatedly ask to speak with his parents. The boy's parents arrive at headquarters three hours later and tell him not to answer any more questions. The suspect is charged on juvenile delinquency complaints for the possession and distribution of drugs on school property. He is released to his parents pending his court appearance.
Suppose four detectives continue to question the juvenile even after his repeated requests to speak with his parents. He is kept from his parents in excess of 12 hours, and denied a break from questioning. The detectives tell him that they have enough evidence to charge him for the death of the other student and unless he confesses he will go directly to jail and not see his parents. The continued pressure results in his confession, implicating him in the death of an overdosed high school student. Would the juvenile's confession be considered voluntary?
a. Yes, as the juvenile was given his Miranda warning, which is the only criterion necessary for a confession to be considered voluntary.
b. No, based upon the totality of the circumstances such as duration of questioning, absence of the juvenile's parents, repeated denial of the juvenile's requests to speak to his parents and coercive tactics used by police.
c. Yes, there was a "substantial" government interest of conducting a criminal investigation into the death of another juvenile that outweighs the juvenile's right against self-incrimination.
d. No, only because the government interest of conducting a criminal investigation into the death of another juvenile is not substantial enough to outweigh the first juvenile's rights.
Answer
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