Legislation
SECTION 344.2
Rules of evidence; statements of respondent; corroboration
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 4
§ 344.2. Rules of evidence; statements of respondent; corroboration.
1. Evidence of a written or oral confession, admission, or other
statement made by a respondent with respect to his participation or lack
of participation in the crime charged, may not be received in evidence
against him in a juvenile delinquency proceeding if such statement was
involuntarily made.
2. A confession, admission or other statement is "involuntarily made"
by a respondent when it is obtained from him:
(a) by any person by the use or threatened use of physical force upon
the respondent or another person, or by means of any other improper
conduct or undue pressure which impaired the respondent's physical or
mental condition to the extent of undermining his ability to make a
choice whether or not to make a statement; or
(b) by a public servant engaged in law enforcement activity or by a
person then acting under his direction or in cooperation with him:
(i) by means of any promise or statement of fact, which promise or
statement creates a substantial risk that the respondent might falsely
incriminate himself; or
(ii) in violation of such rights as the respondent may derive from the
constitution of this state or of the United States; or
(iii) in violation of section 305.2.
3. Where a respondent is subject to interrogation by a public servant
at a facility specified in subdivision four of section 305.2 of this
article, the entire custodial interrogation, including the giving of any
required advice of the rights of the individual being questioned, and
the waiver of any rights by the individual, shall be recorded and
governed in a manner consistent with standards established by rule of
the division of criminal justice services pursuant to paragraph (e) of
subdivision three of section 60.45 of the criminal procedure law. The
interrogation shall be recorded in a manner such that the persons in the
recording are identifiable and the speech is intelligible. A copy of the
recording shall be subject to discovery pursuant to section 331.2 of
this article.
4. A child may not be found to be delinquent based on the commission
of any crime solely upon evidence of a confession or admission made by
him without additional proof that the crime charged has been committed.
1. Evidence of a written or oral confession, admission, or other
statement made by a respondent with respect to his participation or lack
of participation in the crime charged, may not be received in evidence
against him in a juvenile delinquency proceeding if such statement was
involuntarily made.
2. A confession, admission or other statement is "involuntarily made"
by a respondent when it is obtained from him:
(a) by any person by the use or threatened use of physical force upon
the respondent or another person, or by means of any other improper
conduct or undue pressure which impaired the respondent's physical or
mental condition to the extent of undermining his ability to make a
choice whether or not to make a statement; or
(b) by a public servant engaged in law enforcement activity or by a
person then acting under his direction or in cooperation with him:
(i) by means of any promise or statement of fact, which promise or
statement creates a substantial risk that the respondent might falsely
incriminate himself; or
(ii) in violation of such rights as the respondent may derive from the
constitution of this state or of the United States; or
(iii) in violation of section 305.2.
3. Where a respondent is subject to interrogation by a public servant
at a facility specified in subdivision four of section 305.2 of this
article, the entire custodial interrogation, including the giving of any
required advice of the rights of the individual being questioned, and
the waiver of any rights by the individual, shall be recorded and
governed in a manner consistent with standards established by rule of
the division of criminal justice services pursuant to paragraph (e) of
subdivision three of section 60.45 of the criminal procedure law. The
interrogation shall be recorded in a manner such that the persons in the
recording are identifiable and the speech is intelligible. A copy of the
recording shall be subject to discovery pursuant to section 331.2 of
this article.
4. A child may not be found to be delinquent based on the commission
of any crime solely upon evidence of a confession or admission made by
him without additional proof that the crime charged has been committed.