Cecily Zamora
In the United States, children can be questioned by the police without a parent present. While children have the same fifth amendment constitutional rights as adults, including the right to remain silent, they are still vulnerable to self-incrimination when questioned without a parent or lawyer. In California, juveniles have the fundamental right to have a parent or legal guardian present during police questioning, but in other states, such as Pennsylvania, this is not the case.
| Characteristics | Values |
|---|---|
| Children's rights | Children have the same fifth amendment constitutional rights as adults, including the right to remain silent and refuse to answer questions |
| Police questioning | Police can question children without a parent present, but they should ask the child if they want a parent present |
| Parental presence | In California, one of the fundamental rights granted to juveniles is the presence of a parent or legal guardian during police questioning |
| Self-incrimination | When questioned without a parent or lawyer, children may self-incriminate |
What You'll Learn
Children's rights during police questioning
Children have the same fifth amendment constitutional rights as adults. This means that they have the right to remain silent and refuse to answer questions or provide a statement that could be used against them in criminal proceedings. If a child says to the officer that they want a parent or lawyer present and refuse to answer any further questions, the officer must end the questioning and allow them to contact their parents.
However, police can question a child about their knowledge of or involvement in a crime outside of a custodial setting without a parent’s knowledge. If a child is questioned at school or in a public place, there is no obligation for law enforcement to inform the parents. In some circumstances, a parent may not find out their child has been questioned until they are arrested.
In California, one of the fundamental rights granted to juveniles is the presence of a parent or legal guardian during police questioning. When a juvenile is being questioned by law enforcement in California, the presence of a parent or guardian is meant to serve as protection to the child.
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Police questioning outside of a custodial setting
In the United States, children have the same fifth amendment constitutional rights as adults. This means that they have the right to remain silent and refuse to answer questions or provide a statement that could be used against them in criminal proceedings. If a child says they want a parent or lawyer present and refuse to answer any further questions, the officer must end the questioning and allow them to contact their parents.
However, police can question a child about their knowledge of or involvement in a crime outside of a custodial setting without a parent's knowledge. For example, a police officer can approach a child at the school gates, while walking home, at a park, or even at home and ask them questions about a potential crime. In some circumstances, a parent may not find out their child has been questioned until they are arrested.
In California, one of the fundamental rights granted to juveniles is the presence of a parent or legal guardian during police questioning. When a juvenile is being questioned by law enforcement in California, the presence of a parent or guardian is meant to serve as protection for the child.
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Self-incrimination
Children have the same fifth amendment constitutional rights as adults. This means that they have the right to remain silent and refuse to answer questions or provide a statement that could be used against them in criminal proceedings. If a child says to the officer that they want a parent or lawyer present and refuse to answer any further questions, the officer must end the questioning and allow them to contact their parents.
However, police can question a child about their knowledge of or involvement in a crime outside of a custodial setting without a parent's knowledge. If a child is questioned at school or in a public place, there is no obligation for law enforcement to inform the parents. In some circumstances, a parent may not find out their child has been questioned until they are arrested.
In California, one of the fundamental rights granted to juveniles is the presence of a parent or legal guardian during police questioning. When a juvenile is being questioned by law enforcement in California, the presence of a parent or guardian is meant to serve as protection to the child.
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Parental presence as protection
In the United States, children can be questioned by the police without a parent present. While the child should be asked about their parents and whether they want a parent present, the police are not obligated to find and bring in a parent. However, in California, one of the fundamental rights granted to juveniles is the presence of a parent or legal guardian during police questioning. This is meant to serve as protection for the child.
Children have the same fifth amendment constitutional rights as adults. The fifth amendment gives any individual the right to remain silent and refuse to answer questions or provide a statement that could be used against them in criminal proceedings. If a child says to the officer that they want a parent or lawyer present and refuse to answer any further questions, the officer must end the questioning and allow them to contact their parents. Voluntary statements in response to an officer’s questions can be used against a child in a criminal matter if they do not invoke their right to remain silent.
The naive nature of many children means that self-incrimination, when questioned without a parent or lawyer, is common in juveniles. However, depending on the specifics of the interrogation, the police may not have violated any laws by questioning a child without a parent's knowledge. In some circumstances, a parent may not find out their child has been questioned until they are arrested.
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Police obligation to inform parents
In California, one of the fundamental rights granted to juveniles is the presence of a parent or legal guardian during police questioning. When a juvenile is being questioned by law enforcement in California, the presence of a parent or guardian is meant to serve as protection to the child.
However, in some states, such as Pennsylvania, children can be questioned by the police without a parent present. While the child should be asked about their parents and whether they want a parent present, the police are not obligated to find and bring in a parent.
In some circumstances, a parent may not find out their child has been questioned until they are arrested. Police can question a child about their knowledge of or involvement in a crime outside of a custodial setting without a parent’s knowledge. If a child is questioned at school or in a public place, there is no obligation for law enforcement to inform the parents.
If a child says to the officer that they want a parent or lawyer present and refuses to answer any further questions, the officer must end the questioning and allow them to contact their parents.
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Frequently asked questions
Yes, children can be questioned by the police without a parent present. However, this varies depending on the state. In California, for example, one of the fundamental rights granted to juveniles is the presence of a parent or legal guardian during police questioning.
Children have the same fifth amendment constitutional rights as adults. This means that they have the right to remain silent and refuse to answer questions or provide a statement that could be used against them in criminal proceedings. If a child says that they want a parent or lawyer present and refuse to answer any further questions, the officer must end the questioning and allow them to contact their parents.
The naive nature of many children means that self-incrimination, when questioned without a parent or lawyer, is common. However, depending on the specifics of the interrogation, the police may not have violated any laws by questioning a child without a parent's knowledge.
