What is the test for a minor to make a voluntary statement to the police?

California, United States of America


The following excerpt is from Roderick P., In re, 103 Cal.Rptr. 425, 500 P.2d 1, 7 Cal.3d 801 (Cal. 1972):

In People v. Lara, 67 Cal.2d 365, 62 Cal.Rptr. 586, 432 P.2d 202, it was held that the capacity of a minor to make a voluntary statement to the police depends not only upon his age but on a combination of factors such as intelligence, education, experience, and his ability to comprehend the meaning and effect of his statement. The court also stated that, 'if the minor is mentally retarded or of subnormal intelligence for his age . . . that is a factor weighing heavily against a finding of capacity.' (At p. 385, 62 Cal.Rptr. at p. 600, 432 P.2d at p. 216.)

Other Questions


Are there any inconsistencies in statements made by Minor Minor to the police about foggy windshield? (California, United States of America)
Can a Defendant challenge a finding that the victim's statements to police officers were admissible as prior inconsistent statements? (California, United States of America)
What is the test for interpretation of section 830.33 of the California Statutory Code of Civil Procedure on the grounds that a police officer's primary duty is if the police enforce the law against a minor offender? (California, United States of America)
Are portions of each accomplice's statement to the police admissible under the prior inconsistent statement exception? (California, United States of America)
Can police search data on a minor's cell phone and electronic device that is not related to drug use or other criminal activities by the minor? (California, United States of America)
In what circumstances will a minor who was stopped and searched by police at a bus stop in the middle of the night be able to escape from the police? (California, United States of America)
When questioning a minor suspect for the purposes of his right to counsel after the initial interrogation is over, can the minor continue to speak to the police officer? (California, United States of America)
What is the test for admitting an admission of a statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife? (California, United States of America)
How have courts treated recanted statements to the police, hospital personnel and the police? (California, United States of America)
In what circumstances will a minor who was stopped by police at a bus stop in the middle of the night be able to escape from the police? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.