Ohio high court rules in case on juveniles' rights

The Ohio Supreme Court has ruled that state law doesn't entitle minors the right to an attorney during police interrogations that come before charges are filed or an initial appearance in juvenile court.
Associated Press
Oct 3, 2012

 

The 4-3 ruling on Wednesday stems from a case involving a minor who was stopped by a Cleveland police officer while driving without a valid license. The minor later told police about his role in a robbery and waived his constitutional rights.

The minor's attorneys argued his statement shouldn't have been admitted into evidence because police didn't provide him with a lawyer first. They cited a part of state law that requires juveniles to have legal counsel "at all stages of proceedings" in a delinquency case.

The majority opinion says the term "proceedings" doesn't include investigatory action.

 

Comments

wiredmama222

I wonder if that includes having a parent or guardian present while being interrogated? Does a minor have the right to have a parent or guardian present during questioning or interrogation before charges are filed? I wondered about that? Just asking?

vicariouslyAlive

probably not... but they always have the right to remain silent as to not self-incriminate. that's the 5th amendment i believe and part of the Miranda rights.

deertracker

The best thing for kids to do is be QUIET until their parents are contacted1

tk

I disagree with this ruling. Someone should be with a young person during questioning. Not all of them are thugs who know how to deal with the system.