CRIMINAL PROCEDURE-The Fifth Amendment Privilege Against Self-Incrimination Applies to Juveniles in Court-Ordered Psychological Evaluations: State v. Christopher P. Skip over navigation
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Copyright (c) 1993 New Mexico Law Review
New Mexico Law Review

CRIMINAL PROCEDURE-The Fifth Amendment Privilege Against Self-Incrimination Applies to Juveniles in Court-Ordered Psychological Evaluations:

State v. Christopher P.

Spring, 1993

23 N.M.L. Rev. 305

Author

PAUL R. OWEN



Excerpt



I. INTRODUCTION

In State v. Christopher P., 1 the New Mexico Supreme Court extended the United States Constitution's privilege against self-incrimination to juveniles who are required to submit to a court-ordered psychological examination to determine their amenability to treatment in the juvenile justice system. This step reiterates the court's determination to provide juveniles with the same rights and privileges that adults enjoy while upholding the validity of psychological examinations properly limited in scope. 2

This Note examines Christopher P. in light of United States Supreme Court decisions on the subject of constitutional rights in juvenile justice proceedings, analyzes how the holding in Christopher P. comports with the structure of New Mexico statutory and case law, and examines the effect that Christopher P. will have on future New Mexico juvenile justice proceedings.

II. STATEMENT OF THE CASE

On February 23, 1988, fifteen-year-old Christopher P. was charged with two counts of first degree murder, conspiracy to commit first degree murder, and two counts of tampering with evidence in a petition filed with the children's court. 3 On the same day, the children's court attorney filed a motion to transfer the case to district court pursuant to section 32-1-30 of the New Mexico Children's Code. 4 Pursuant to the statute, the trial court judge split the transfer proceedings into two parts. In the first, the judge found that it was reasonable to believe that Christopher committed the alleged acts. In the second, the trial judge considered Christopher's amenability to ...
 
 
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