§ 9-27-366 — Confessions

In determining whether a juvenile's confession was voluntarily, knowingly, and intelligently made, the court shall consider all circumstances surrounding the confession, including without limitation the following: (1) The juvenile's physical, mental, and emotional maturity; (2) Whether the juvenile understood the consequences of the confession; (3) In cases in which the custodial parent, guardian, or custodian agreed to the interrogation that led to the confession, whether the custodial parent, guardian, or custodian understood the consequences of the confession or has an interest in the matter that is adverse to the juvenile; (4) Whether the juvenile and his or her custodial parent, guardian, or custodian were informed of the alleged delinquent act; (5) Whether the confession was the result of any coercion, force, or inducement; (6) Whether the juvenile and his or her custodial parent, guardian, or custodian had waived the right to counsel or been provided counsel; and (7) Whether any of the following occurred: (A) The oral, written, or sign language confession was electronically recorded in its entirety; (B) The entire interrogation was electronically recorded; (C) The audio or video recordings of the interrogation, if available, were used; and (D) All of the voices on the recording are identified and the names of all persons present during the interrogation are identified.

Legislative History

Acts 2009, No. 759, § 1