Legal Question in Criminal Law in California

Mirandize (Gladus Report ?)

Before questioning my son or taking a statement from him at our home, are the police required to Mirandize him if they are going to use something called a (Gladus Report) format to question him with. I am not sure if the spelling or report name is correct. My son is 9 years old an is being charged with 5 counts of 288(b)(1). Please provide any help if possible. THANKS


Asked on 6/09/01, 3:27 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Mirandize (Gladus Report ?)

Mirandizing a 9 year old would be a worthless form over substance exercise in bad judgment.

What was the child doing playing doctor and nurse? Section 288 is rife with 'intend to' do. It is really questionable that a 9 year old was intending on doing anything more than some exploring. If the child has been sexually molested then that is a different matter. However, simple exploration at nine is doubtfully a crime.

The matter will probably be referred to a social worker for an evaluation. When you get some insight into the mind set of the social worker and the D. A. in juvenile court, ask your question again with the new facts.

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Answered on 6/29/01, 8:51 pm


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