Admissibility of child's preliminary statements

1. Law
2. US Virgin Islands Code
3. Judicial Procedure
4. Family Division Procedure
5. Family Division of the Superior Court
6. Delinquency and Persons in Need of Supervision Matters
7. Admissibility of child's preliminary statements

• No admissions or statements of a child made while in custody to law enforcement officers or made to the Attorney General or employees of the Youth Services Administration during the processing of the case shall be admissible in evidence against the child unless the government proves to the court's satisfaction the following:

  • (a) That at all stages of the interrogation the child was informed of his constitutional rights against self-incrimination and understood them; and

  • (b) That no physical force or coercion, promises, threats, or other unlawful means of inducement were employed in obtaining the confession, admission or other incriminating statement; and

  • (c) That a parent or guardian who does not have an adverse position, a friendly adult, or the child's attorney was present at the interrogation when a statement was given.

Download our app to see the most-to-date content.