Court overturns juvenile self-incrimination law

By Cy Ryan (contact)

Wednesday, Nov. 26, 2008 | 3:15 p.m.

CARSON CITY – The Nevada Supreme Court has ruled unconstitutional a state law requiring juveniles surrender their right against self-incrimination in certain circumstances.

In a unanimous decision Wednesday, the court ruled that in some cases a juvenile must incriminate himself, in violation of the Fifth Amendment, by presenting evidence that he committed the crime “due to a substance abuse, emotional or behavioral problem.”

Children under the age of 18 who commit a crime are referred to juvenile court. But in cases where the juvenile is charged with either sexual assault involving force or the use or threat of the use of a firearm, the juvenile is placed in the adult court system. The child can remain in juvenile court only if he or she proves the alleged offense was the result of drug dependency or mental incompetency.

The court said the decision by the juvenile court “to retain jurisdiction or certify for criminal proceedings is a much more momentous and life-changing event for a juvenile than an adjudication of delinquency.” The court said the juvenile judge can still certify the youngster as an adult if the charged offense would have been a felony if committed by an adult and he determines the public safety would be better served.

Kristina Wildeveld, a Las Vegas private attorney who represented the two juveniles in the case in question, said this decision gives judges more discretion in deciding whether a teen should be certified as an adult.

“The state and the Legislature never gave the district attorney’s office an unfettered discretion but they may well have,” said Wildeveld.

Deputy District Attorney Cynthia L. Herren, who handled the two cases, could not be reached for comment.

Lee Rowland of the American Civil Liberties Union of Nevada said the ruling is significant because a high percentage of the juvenile cases involve the use of a weapon. The ACLU, the National Juvenile Defender Center and the Juvenile Law Center filed friend of the court briefs.

The decision overturns part of a prior decision by the Nevada Supreme Court and reverses the decision of Clark County Family Court Judge William Voy in two cases.

In one case, a 17-year-old was identified as the lookout of a two-person robbery of Roberto’s Taco Shop. He was charged with robbery, burglary while in possession of a firearm and robbery with use of a deadly weapon.

The district attorney’s office sought to turn the 17-year-old over to adult district court. Defense lawyers said there was clear evidence of William’s substance abuse. But William maintained he was innocent. He was sent to district court where he pleaded innocent and is currently in adult detention facing up to 51 years in prison.

In the second case a young man was charged with being a companion of two individuals during an armed robbery in a Las Vegas park. An evaluation of the young man concluded he was “borderline competent” and “just barely able to understand what was going on.”

The young man denied being present at the robbery. A judge said the young man could not show any connection between his substance abuse or his emotional and behavioral issues and the park robbery. He was also certified over to adult district court.

He pleaded innocent and is now under house arrest, facing up to 60 years in prison.

Cy Ryan may be reached at (775) 687 5032 or cy@lasvegassun.com.