Tuesday, October 09, 2012

Potential juvenile legislation

In response to last week's Supreme Court decision holding that minors do not have a right to an attorney during police interrogations that come before charges are filed or an initial appearance in juvenile court., the Associated Press last Friday reported State Rep. Tracy Heard is reportedly planning on introducing a bill to require that children under the age of 18 be read their rights regarding interrogation "in their language."

In the Supreme Court's decision , Justice O’Donnell had emphasized that that particular case hinged on a narrow legal question of whether, aside from Miranda, the language in R.C. 2151.352 that granted a separate statutory right to counsel during delinquency “proceedings” entitling a juvenile suspect to legal counsel before the jurisdiction of a juvenile court has been invoked by the filing of a complaint. (See Court's new summary)

Back in April, the Supreme Court amended & adopted Juv.R. 3, requiring consultation mandatory for all situations where a juvenile might face detention, even for something as minor as petty theft. (More )

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