The Fifth Amendment to the U.S. Constitution provides the right to be free from self-incrimination. The police must advise suspects of their rights when they are subject to a custodial interrogation by a state agent. If they fail to give the Miranda warning, then the statements made during the custodial…
Articles Posted in Juvenile Cases
Washington Appeals Court: Marijuana Odor in Vehicle Occupied by Minors Sufficient for Terry Stop
Generally, a police officer needs a warrant to seize a person suspected of a crime. There are some exceptions to the warrant requirement, including the Terry stop. Terry allows an officer to briefly stop and question someone if the officer had reasonable suspicion of criminal activity. The officer’s suspicion must…
Washington Court Did Not Consider Teen Brain Development in Assessing Criminal Culpability
Teenagers sometimes act impulsively, and, unfortunately, if someone gets hurt as a result of those impulsive actions, it could result in Washington criminal charges. In a recent case, a juvenile defendant challenged his conviction, arguing in part the court should have considered adolescent brain development and maturity in assessing his…
Washington Court Does Not Have to Restore Firearm Rights Upon Vacating Juvenile Deferred Disposition
Washington law prohibits possession of a firearm by a person, including a juvenile, who has been convicted of a serious offense. Washington law allows a person to petition the court for restoration of the right to possess a firearm in certain circumstances. It is not uncommon for a Washington criminal…
Washington Appeals Court Overturns Juvenile Offender’s Sentence
In some ways, Washington juvenile offenders may be treated differently than they would be if they were adult offenders. Both the Washington Supreme Court and the U.S. Supreme Court have acknowledged that “children are different.” In a recent case, a juvenile defendant challenged her sentence. She was a first-time offender. …
Washington School Searches Must Be Reasonable
Generally, unless there is an applicable exception, both the Washington and U.S. constitutions require a warrant supported by probable cause before someone acting on behalf of the government can conduct a search. One exception to the warrant requirement applies to school officials. Under the school search exception, a school official…
Washington Court Must Consider Mitigating Factors of Youth When Sentencing Juveniles
In a series of decisions, the United States Supreme Court held that it is unconstitutional to impose certain severe sentences on juvenile offenders. The Court first found the death penalty unconstitutional for juvenile offenders. Then, it found a sentence of life without parole to be unconstitutional for any juvenile offender…
Washington Juvenile Courts Must Enter Findings as to Each Element of the Crime
Washington Juvenile Courts are subject to their own rules, which may be different from the rules and procedures that apply to a criminal trial of an adult. A juvenile being tried in a juvenile court does not have a right to a jury. RCW 13.04.021. The case is instead heard…