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
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
Comment