New rules regarding admissibility of juvenile statements

[Badgerland]

Just got this via email today. What a pain in the arse. I have a few questions. Is asking questions to a juvie in the backseat of the squad a custodial interrogation? What if I just picked him up for a municipal curfew violation and was just conveying him home? How about a municipal retail theft violation?:


CORRESPONDENCE/MEMORANDUM DEPARTMENT OF JUSTICE


Date: July 7, 2005


To: All Wisconsin Prosecutors And Law Enforcement Agencies

From: Peg Lautenschlager___________
Wisconsin Attorney General

Greg Weber_________
Assistant Attorney General
Director, Criminal Appeals Unit
Wisconsin Department of Justice


Subject: Court-Ordered Changes In Interrogation Practices Involving Juveniles




This morning, the Wisconsin Supreme Court issued its decision and opinion in State of Wisconsin v. Jerrell C.J., 2005 WI 105, ___Wis. 2d___, ___N.W.2d___. In its opinion, the court exercised its supervisory power and created new rules of law governing the admissibility of statements and confessions made by juveniles during custodial interrogation. The rules are summarized below.

 Beginning immediately, all custodial interrogations of juveniles must be electronically recorded where feasible, and without exception when questioning occurs at a place of detention. Jerrell C.J., 2005 WI 105, 3.

 [I]This recording requirement governs the admissibility of a juvenile

[WHC166]

In VT, anytime a juvenile is to be questioned while in custody, a parent, guardian, or other uninterested party must be present with them. Also a written signiture must be obtained or the interview must be recorded for the waiver to be valid.

[jeeper]

We have a few e-mails from the DA and our admin/court services about it. I'll read through them and try to give you a synopsis as to what the DA has so far said about it.

[K9 Police]

Not surprised at all.

Coming from WI LE to MN LE, I was kind of surprised to find that all in-custodial arrest interrogations must be electronically recorded. Anytime miranda is given, it better be on tape. Definetely different than WI.

K9