Interviewing a juvenile suspect in a case involving serious charges that could result in the case being transferred to the adult criminal court.

  • The mandates contained in CGS section 46b-137 for interviewing juveniles should still be followed even though they do not apply if the case is transferred.
  • Click here for more details on this issue.

Following inquiries earlier this week regarding interviewing a juvenile suspect in a serious case that could be transferred to the adult criminal court, the following information is offered to set out the best practices and statutes applicable to such situations.

Who can be transferred?

Automatic transfer cases:

A juvenile charged with a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony, some class B felonies and arson murder, committed after the juvenile attained the age of fifteen years, can be automatically transferred from the juvenile court to the adult criminal court.

Discretionary transfer cases:

A juvenile charged with other class B felonies or class C, D, E or unclassified felonies may be transferred to the adult criminal court if the state can establish there is probable cause to believe the juvenile has committed the act for which the child is charged, and the best interests of the juvenile and the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court will consider (i) any prior criminal or juvenile offenses committed by the juvenile, (ii) the seriousness of such offenses, (iii) any evidence that the juvenile has intellectual disability or mental illness, and (iv) the availability of services in the docket for juvenile matters that can serve the juvenile's needs.

The class B felonies that are not subject to automatic transfer are:

  • 53a-55 (manslaughter 1st)
  • 53a-59b (assault of a DOC employee)
  • 53a-71 (sexual assault 2nd)
  • 53a-94 (kidnapping 2nd)
  • 53a-101(a)(2) (burglary 1st with injuries)
  • 53a-112 (arson 2nd)
  • 53a-122 (larceny 1st)
  • 53a-129b (identity theft 1st)
  • 53a-134(a)(1), (3) or (4)(robbery 1st with serious physical injury, dangerous instrument or firearm)
  • 53a-196c (importing child porn)
  • 53a-196d (possessing child porn 1st)
  • 53a-252 (computer crime 1st)
  • 53a-301(a) (computer crime in furtherance of terrorist purposes)

Obviously, it is more difficult to transfer these cases than it is to transfer the automatic transfer cases because of the difficulty establishing that transfer is in the best interests of the juvenile since a juvenile that gets transferred loses all of their juvenile protections and, if they are convicted, they are sentenced like any other adult eighteen years old or older.

The issue that comes up when a juvenile, age fifteen or older, is charged with a crime that could result in the transfer to the adult criminal court, is what procedure to follow when interviewing the juvenile?

Quick review of the procedures to follow when interviewing juveniles:

CGS section 46b-137(a), applicable to juveniles under the age of 16, says

Any admission, confession or statement, written or oral, made by a child under the age of sixteen to a police officer or Juvenile Court official shall be inadmissible in any proceeding concerning the alleged delinquency of the child making such admission, confession or statement unless made by such child in the presence of the child's parent or parents or guardian and after the parent or parents or guardian and child have been advised (1) of the child's right to retain counsel, or if unable to afford counsel, to have counsel appointed on the child's behalf, (2) of the child's right to refuse to make any statements, and (3) that any statements the child makes may be introduced into evidence against the child.

CGS section 46b-137(b), applicable to juveniles age 16 or 17, says

Any admission, confession or statement, written or oral, made by a child sixteen or seventeen years of age to a police officer or Juvenile Court official, shall be inadmissible in any proceeding concerning the alleged delinquency of the child making such admission, confession or statement, unless (1) the police or Juvenile Court official has made reasonable efforts to contact a parent or guardian of the child, and (2) such child has been advised that (A) the child has the right to contact a parent or guardian and to have a parent or guardian present during any interview, (B) the child has the right to retain counsel or, if unable to afford counsel, to have counsel appointed on behalf of the child, (C) the child has the right to refuse to make any statement, and (D) any statement the child makes may be introduced into evidence against the child.

Best practices for interviewing juveniles in possible transfer cases:

The Connecticut Supreme Court held, in the case of State v. Ledbetter, 263 Conn. 1, 22, 818 A.2d 1 (2003) that the provisions of §46b-137(a) do not apply in a case in which the state seeks to use the confession in a proceeding in criminal, rather than juvenile, court. Presumably, the same would apply to the applicability of § 46b-137(b) in the case of a sixteen or seventeen year old transferred to the adult criminal court.

So, technically speaking, having a parent present in the interview of a juvenile under age sixteen and requiring the officer to attempt to contact a parent and advising the juvenile of their right to contact a parent and have them present during the interview for a sixteen or seventeen year old, as required by section 46b-137, would not apply if the juvenile is transferred and prosecuted in the adult criminal court.

As a result, there is a temptation to ignore the requirements of section 46b-137 when interviewing a juvenile, age fifteen or older in a case that may be transferred to the adult criminal court.

Despite that court ruling, it is still recommended that the juvenile rules set forth in section 46b-137(a) and (b) be followed in such cases for the following reasons:

  • In the event that the case is not transferred for some reason (the charge in an automatic transfer case gets reduced upon further review, the state is unable to prevail following a hearing in a discretionary transfer case) and the case stays in the juvenile court, a statement taken without compliance with the requirements of section 46b-137 would be inadmissible in the juvenile court and any evidence obtained as a result of the statement would also likely be suppressed.
  • In the event that the case is transferred but the adult court prosecutor or the adult court judge sends it back to the juvenile court, the statement and any evidence obtained as a result of the statement would likely be suppressed.
  • Even if tried in the adult criminal court, the court still has to find that the juvenile’s waiver of their constitutional rights (right to remain silent, right against self-incrimination, right to counsel, etc.) was knowingly, voluntarily and intelligently made. When deciding this issue in the case of a juvenile, the court will consider:

(1) the age, experience, education, background and intelligence of the child,

(2) the capacity of the child to understand the advice concerning Miranda rights and warnings, the nature of the privilege against self-incrimination, and the consequences of waiving such rights and privilege,

(3) the opportunity the child had to speak with a parent, guardian or some other suitable individual prior to or while making such admission, confession or statement, and

(4) the circumstances surrounding the making of the admission, confession or statement, including, but not limited to, (A) when and where the admission, confession or statement was made, (B) the reasonableness of proceeding without a parent or guardian present, and (C) the reasonableness of efforts by the police to attempt to contact a parent or guardian.

The bottom line is that when interviewing a juvenile suspect, age fifteen or older, in a case involving serious charges that are or may be transferred to the adult criminal court, it is best to comply with the provisions of CGS section 46b-137 so any statements made would be admissible if the case ends up in the juvenile court. If the case is transferred, compliance with thestatute would make it easier for the adult court to find that the waiver of any constitutional rights was valid.