Court says NJ juveniles must have attorney present

[chanel]

TRENTON, N.J. - Juveniles in New Jersey must have an attorney present at "every critical stage" of the criminal process.

The state Supreme Court Wednesday, in a 5-2 decision, clarified when minors must have lawyers to protect their interests.

That means juveniles must have a lawyer to waive their Miranda rights to remain silent or have an attorney present.

The case stems from Cape May County where a 20-year-old was accused of sexually assaulting a 7-year-old girl. He waived his rights and confessed without a lawyer present after he was charged as a juvenile because he allegedly committed the act when he was 16.

Court says NJ juveniles must have attorney present | AP | 07/30/2009

Can anyone explain this to me? Is this a requirement in other states?

 

[Diuretic]

In my jurisdiction in Australia police must have an independent adult present when a juvenile (person under 18 yrs) is being questioned. That person can be a parent, guardian or other person who has no connection to the police or criminal justice system.

I don't see a problem with it, never have. In fact if an adult chooses to speak to police (as a suspect) without an attorney present, they are ill-advised. A juvenile should have an independent adult present, better if it's an attorney.