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HOUSTON HOME JOURNAL
Miranda Rights, children: shooting puts them to the test
Dear Readers, When
is a confession in
admissible? The
law provides that we all
have a sth Amendment
right against self-incrimina
tion, so when is the line
crossed between good police
work and violating a consti
tutional right? This tension
plays out in bold relief in a
truly ugly real-life tragedy
in Arizona.
A third-grade boy (8 yrs
old), in St. Johns, Ariz., was
recently questioned by a
policeman about the death of
his father and a male room
mate. A videotape was made
of the interview. During the
course of questioning the
boy, the officer began to ask
pointed questions, as some
of the boy’s story did not
make sense. Eventually, the
boy confessed that he had
Dementia, spotting its warning signs
Today’s topic is
Dementia.
A recent hour long
NPR documentary estimated
the number of people suffer
ing from Alzheimer’s in the
U.S. at 4-5 million with that
number projected to grow to
16 million if a cure is not
found.
Because of the scope of this
problem, many of us will find
ourselves as either caregivers
or care recipients for prob
lems associated with demen
tia. We need to educate our
selves so we can be prepared.
Let’s start with a definition
and the causes of dementia.
Dementia is a general
term that describes a group
of symptoms such as loss
of memory, judgment, lan
guage, complex motor skills,
and other intellectual func
tion caused by the perma
nent damage or death of the
brain’s nerve cells, or neu
rons.
One or more of several dis
eases, including Alzheimer’s
disease, can cause demen
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yip Attorney,
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shot both men, including
shooting his father a second
time to end his suffering.
Unfortunately, there are a
few problems with this inter
view. First, and foremost,
no guardian was present
during his interview. Rules
vary from state to state (and
even in Federal Court) about
whether or not a guardian
needs to be present for an
interview - there is no uni
form rule as there is with
"All About Seniors"
! BillMilby
tia. Alzheimer’s disease is
the most common cause of
dementia in persons over the
age of 65.
It represents about 60 per
cent of all dementias.
The other most common
types of dementia are vas
cular dementia, caused by
stroke or* blockage of blood
supply, and dementia with
Lewy bodies. Other types
include alcohol dementia,
caused by sustained use of
alcohol; trauma dementia,
caused by head injury; and a
rare form of dementia, fron
totemporal dementia.
The clinical symptoms and
the progression of dementia
“Miranda Rights.”
For example, in Federal
Court, investigators must
show they have attempted to
find a guardian before ques
tioning a child. If a guardian
cannot be found, investiga
tors may go ahead and ques
tion the child.
In Georgia state prosecu
tions, the presence of the
guardian is a factor to be
considered in determining
the admissibility of a child’s
confession.
Admissibility, of course, is
the ultimate issue. In any
court, the analysis is not as
clear-cut as with an adult
suspect. For an adult in police
custody, the suspect has to
be told of his or her right to
an attorney and voluntarily
waive this right before any
questioning. These are the
“Miranda Rights” that have
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vary depending on the type
of disease causing it, and the
location and number of dam
aged brain cells. Some types
progress slowly over years,
while others may result in
sudden loss of intellectual
function.
Each type of dementia is
characterized by different
pathologic, or structural
changes in the brain, such
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to be waived-
If they are not waived,
the subsequent confession
is inadmissible; if the sus
pect asks for an attorney, all
questioning must cease.
Can a child know what
Miranda Rights are or
understand what it means
to waive them? This all
depends on factors like the
child’s age, education, abil
ity to read and write, how
much sleep the child has
had, and, yes, the presence
of a guardian.
In fact, if a guardian is
present, the guardian may
be required to also waive the
child’s Miranda rights after
being informed of them.
All of this, though, only
applies if the child-suspect
is “in custody.” This boy in
Arizona was initially just
a witness, but during the
as an accumulation of abnor
mal plaques and tangles in
individuals with Alzheimer’s
disease, and abnormal tau
protein in individuals with
frontotemporal dementia.
Warning signs:
• Trouble with new mem
ories
• Relying on memory help
ers
See MILBT, page jA
Warner Robins, GA
TUBSANDMORE@COX.NET
We wish you a happy,
healthy holiday season.
And a first-row parking
space at the mall.
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course of the interview he
became a suspect. Did the
boy know that he had the
right to leave? If he did not,
then he was in custody and
the questioning was proba
bly illegal (of course, Arizona
law would apply). Because of
his age, it is likely that he
felt he was not free to leave,
meaning his statement is
inadmissible.
Also, children are highly
suggestive. This means that
without the safeguard of a
guardian and without spe
cial questioning techniques,
a child will say jiist about
anything. So, we can’t really
trust this child’s confession
on many levels. Without
it, a conviction seems very
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WARMEST WISHES FROM BB&T. As we
enter a season of joy, took back on a year of
challenges and face a new year full of hope, we
at BB&T wish you a happy holiday season this
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unlikely.
• ••
As a final thought, regard
less of whom you support, I
want to remind everyone to
make sure that you vote in
the run-off election Tuesday.
We will be choosing our
senator in a very important
election!.
Local attorney Jim
Rockefeller owns the
Rockefeller Law Center and
is a former Houston County
Chief Assistant District
Attorney, and a former Miami
Prosecutor. Visit www.rocke
fellerlawcenter.com to submit
confidential legal questions,
and to review former arti
cles and Frequently Asked
Questions.
Aged Hand-cut
Steaks
I? 1607
INFO: (563) 927-8176
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