Legal Opinion · Concurrence

State v. Presha

Supreme Court of New Jersey

Decided March 23, 2000Published

1ConcurrenceStein, J.

I join in the Court’s determination to sustain the admissibility of the defendant’s confession. This record demonstrates that the juvenile defendant had the benefit of a parent’s presence during the critical period before questioning began and while defendant was read his Miranda rights. Also significant is the fact that defendant’s mother left the room voluntarily. However, I believe that the Court errs when it declines to state unequivocally the consequences in future cases of the deliberate exclusion of parents who have not been present at all during their child’s interrogation, and does…

2Cases cited40 opinions

  1. Fare v. Michael C.Supreme Court of the United States · 1979
  2. Haley v. OhioSupreme Court of the United States · 1948
  3. Gallegos v. ColoradoSupreme Court of the United States · 1962
  4. People v. BurtonCalifornia Supreme Court · 1971
  5. Lewis v. StateIndiana Supreme Court · 1972

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