Juvenile Miranda Case Law in New Jersey, from Carlo, 1966, to JDH, 2001: The Relevance of Recording All Custodial Questioning

Abstract

The U.S. Supreme Court's In re Gault decision guaranteed juveniles right to counsel and privilege against self-incrimination. Since Gault the courts, in all jurisdictions, have elaborated the specific protections and procedures that are to apply to ensure adherence to the basic rights guaranteed by the U.S. Supreme Court. The juvenile Miranda case law in New Jersey has addressed several issues related to the reliability and voluntariness of juveniles' incriminating statements, such as intellectual and cognitive immaturity, vulnerability to suggestion, parental notification, coercion, proper recording and corroboration. The policy of requiring the electronic recording of all custodial questioning would be protective of juveniles' due process rights and substantially assist the courts in determining the admissibility statements derived from the interrogation of juveniles.