You asked what steps the police must take to lawfully obtain an incriminating statement or confession from a juvenile held in their custody, compared with those applicable to adults in similar circumstances. The Office of Legislative Research is not authorized to issue legal opinions and this report should not be considered such.

Generally, confessions made by juveniles or adults while in police custody cannot be used against them in court unless the police have first advised them of, and determined that they understand, their constitutional rights to (1) remain silent, (2) be represented by an attorney and have him present throughout the interrogation, and (3) terminate the interrogation at any time (Miranda v. Arizona, 384 U. S. 436 (1966)). A subject can waive any of these rights so long as he makes the decision knowingly, intelligently and voluntarily (State v. Barrett, 205 Conn. 437, 447 (1987)).

However, when the subject is a juvenile, Section 46b-137 of the Connecticut General Statutes places two additional requirements on interrogators: (1) the child's parent or guardian must be present during the questioning and (2) both the adult and the child, rather than the child only, must have first received a Miranda warning. Confessions that do not satisfy the statutory criteria cannot be used against the youngster in juvenile court.

However, although all cases involving juveniles are initially processed in juvenile court, the Connecticut Supreme Court has ruled that confessions that would not have been admissible against a youngster in a delinquency proceeding because of non-compliance with CGS Section 46b-137 are nevertheless admissible both in hearings to determine whether to transfer his case from the juvenile to adult criminal docket (In re Ralph M. , 211 Conn. 289 (1989)) and in the court trial itself (Ledbetter v. Department of Correction, 263 Conn. 1 (2003)).

The Court has also ruled that the interrogator need not inform either the subject or his parent of this possibility or its consequences at any time. The law (1) requires automatic transfers of juvenile cases involving serious felony charges when the accused was at least at least age 14 when the incident occurred and (2) gives prosecutors the authority to ask the court to order transfers in cases involving less serious offenses.

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