When there’s probable cause to arrest a juvenile for a serious crime, it’s not a family matter anymore, says Snohomish County Chief Criminal Deputy Prosecutor Mark Roe. It’s a societal matter. Our society has enough checks and balances in place to make sure juveniles’ rights are protected.
A proposed state Senate bill, which would require children up to the age of 17 who’ve been accused of a crime to have a parent with them when questioned by police, might sound like a pro-parent bill, but it would undermine our legal system. Legislators must put a stop to it.
Requiring parents to be present when their child – possibly in a world of trouble – is being questioned by police might sound wise. But this is hardly a parent-teacher conference. We’re not talking about negotiating missing homework assignments. In some cases we’re talking about rape, robbery and even murder – crimes committed in our community, against society. It is the responsibility of law enforcement to investigate and try to solve these crimes. To do that they must be allowed to gather information and question people within the scope of the law. As Roe points out, anyone 12 or older is considered competent enough to be charged with a crime, so shouldn’t they be considered competent enough to talk about it?
Those still feeling squeamish about the matter should take comfort in the fact that checks are in place favoring the juvenile. Before cases go to trial, the judge reviews the information and decides whether the juvenile really was competent enough to speak with law enforcement and if officers acted inappropriately. Confessions can and have been tossed out, Roe said. He doesn’t always agree with the judge’s decision, but he respects the decision and the system in place, he said. If people are truly worried about alleged coerced confessions, they should be lobbying for all interviews to be audio- or video-taped, as they are in other states. That protects the suspects and the police, Roe noted.
Lost somewhere in all the talk about parents’ rights are the parents of people, sometimes children, who are missing and presumed dead. Remember Rachel Burkheimer and John Jasmer? In both cases, the victim’s body was found because a juvenile questioned by police told investigators where they could find it.
Parents of these victims have no right to demand their children’s bodies be found. They have no right to seek vigilante justice. All they can do is wait until our legal system carries out justice.
While supposedly giving “rights” to some parents, Senate Bill 5288 would cruelly strip them from the parents who need them the most.
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