SURYA WAS DENIED DUE PROCESS US supreme Court held that "children cannot be viewed simply as miniature adults" because a child's age is more than a chronological fact." Rather, it is a fact that "generates commonsense conclusions about behavior and perception.' "Children generally are less mature and responsible than adults." "They often lack the experience, perspective and judgment to recognize and avoid choices that could be detrimental to them." With respect interrogation of minors, federal court has opined that a child's age is not determinative or even a significant factor in every case, but a reality that courts cannot ignore." Accordingly, the voluntariness of a juvenile's confession must be handled with "special care." Consideration is given to the juvenile's age, mental abilities and capacity, prior criminal experience, the length, intensity, and frequency of interrogation, physical description, if any, mistreatment, and existence of threat or inducement. Some state! courts have held that a has same constitutional privilege against self-incrimination as an adult person taken into custody for questioning, and must be informed that anything they say may be based on Miranda v. Arizona. Competent evidence shows that Mr. Plias used fear and other coercion tactics to induce Surya, a 12 year old minor, situated alone in his office, outside the presence of his parents, to write a statement admitting that he knowingly violated the Springfield Anti-Bullying Policy and NJ ...
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