For the Defense - Vol. 5, Issue 3 - 24

to the Commonwealth that you intend to seriously
* Request discovery early and in writing. That way,
litigate this issue can get you results. It is only one
if the Commonwealth fails to provide requested
weapon in your arsenal, but because a win means
discovery, any required continuance will be on
the absence of assistance of counsel. Critics
potentially
present
regarding-the
impact
discharge,
it is a testimony
potent weapon
that should
never
the
prosecution.
Ifcould
you have
totofollow-up
with the of a youth's developmental immaturity on the weight
argue
that
this
lead
all
children
Discuss this waiver with your client with the same
Using
strategy above, people both in and
bethe
overlooked.
Commonwealth
about
discovery
they
have failed to that can be given to a child or adolescent's confession.
andyou
adolescents
invoking
their
seriousness
would discuss
the waiver
ofright
any to
outside my office have had tremendous success with
hand
over,making
be30sure to
such requests in
silence,
thememorialize
police investigation
constitutional right. 49
Rule 600
motions. Oftentimes, just making it plain
NOTES:
difficult.
in reality, not all defense
amore
writing
such asBut
an email.
Conclusion
1
to
the
Commonwealth
you
intend
to (Pa.
seriously
Commonwealththat
v. Mills,
162
A.3d 323
2017).
willearly
encourage
waiver and
if making
Request counsel
discovery
and inawriting.
That
way,
2
U.S.
C
onSt
.
A
mend
.
VI;
PA.
CONST.
art.
1,
§ 9. one
litigate this issue can get you results. It is only
* Ifthe
a continuance
is requiredmore
due to
the
police
investigation
complicated
To3 fulfill
the promise
of the Fifth
Amendment
for
if the Commonwealth fails to provide requested
v. DeBlase,
665 A.2d
427, 431 (Pa.
inCommonwealth
your
arsenal,
but because
aand
win
means 1995).
is necessary to ensure
of youths'
Commonwealth's
failureprotection
of diligence,
be sure to weapon
4
children
and
adolescents,
their
age
developmental
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
discovery,
any required
continuance
will be on
constitutional
is warranted.
discharge,
it is to
a potent
weapon
that should
never
put
that on therights,
recordit at
the time the continuance
capacities
maketest);
knowing,
intelligent,
and
voluntary
constitutional
Commonwealth
v. Preston,
904 A.2d
the prosecution.
Ifolder
you have
to
follow-up
with
the
* isFor
youth
than
14,
make
any
Miranda
Miranda
waivers
need
to
be
considered.
In
this
article,
1,
10
(Pa.
Super.
Ct.
2006)
(the
Barker
test
is
an
entirely
be
overlooked.
requested. Even if the judge does not rule in
Commonwealth
about discovery
they have
failedthe
to
waiver presumptively
invalid,
putting
separate
analysisdevelopmental
from Rule 600 and
therefore
presented
science
that needs to be
your
favor,
you
have
at least preserved
the
issue for we have
burden
on
the
prosecution
to
prove
that
hand over, be sure to memorialize such requests in
raised
separately).
explains
the
limitations
of
youths'
legal
understanding
NOTES: 5 Pa.R.Crim.P. Rule 600(2)(a); see also Commonwealth
appeal.
youth
made
a knowing, intelligent, and
a writingthe
such
as an
email.
and behavior. An awareness of the science on youth
1
Commonwealth
Mills,
162388,
A.3d
323 (Pa.
2017).
v. Kearse,v.and
890
A.2d
395
Super.
Ct. 2005)
voluntary waiver. This would require an indevelopment
capacities
for(Pa.
valid
waivers
can(no
* All motions to dismiss pursuant to Rule 600 must be
2
U.S. ConSt
. Amend. VI;need
PA. CONST.
art.to
1, obtain
§ 9.
"prejudice"
be shown
Rule 600 dismissal).
If a continuance
is required
due
to
the
depth analysis
of
the
youth's
understanding
help shape legal
advocacy
and
policy
to(Pa.
ensure that
3
your
client's
motion after the
made
in writing.31 File
Commonwealth
v. DeBlase,
665
A.2d
427, 431
While Rule
600 has a
more
definitive
time 1995).
period, the sole
and appreciation
of diligence,
the
waiver
Commonwealth's
failure of
beand
sureensure
to
unknowing,
unintelligent,
or
involuntary
youththe
4
Wingo,
407 U.S.
of Rule
600 514,
is on530
the (1972)
action (articulating
of the Commonwealth.
365-day
period
has elapsed.
If thea trial
judge rules Barker v.focus
its
validity
before
admitting
resulting
confessionsatest);
are
not
used to
secure
convictions.
put that on the record at the time the continuance
constitutional
Commonwealth
v. Preston,
904
A.2d
constitutional
argument
should
be forwarded
against
you into
and evidence.
subsequently the Commonwealth 1, 10 (Pa.Thus,
confession
Super.
Ct.
2006)
(the
Barker
test
is
an
entirely
is requested. Even if the judge does not rule in
when
a
delay
prejudices
a
defendant
and
that
delay was
NOTES:
causes another substantial period of delay, file
separateprimarily
analysis from
Rule
and therefore needs to be
caused
by 600
the courts.
your favor, you have at least preserved the issue for
names of the authors are alphabetically listed.
6
raisedThe
separately).
a new Rule 600 motion
on this additional
Pa.R.Crim.P. Rule 600(D)(1).
Recommendations
for based
Practice
appeal.
5
The
authors
should see
be considered
co-first authors.
Pa.R.Crim.P.
Rule 600(2)(a);
also Commonwealth
time and litigate it prior to any trial to preserve an
v. Kearse, 890 A.2d 388, 395 (Pa. Super. Ct. 2005) (no
Click here to view and/or print the
All motions
to dismiss
to time
Rule
600
must abe
Forobjection
defense
attorneys
handling
cases period.
involving
to thepursuant
additional
"prejudice" need be shown to obtain Rule 600 dismissal).
31child or adolescent, it is critical to
confession
by
a
full
notes
section
this article.
made in writing. File your client's motion after the
While Rule
600 has
a more
definitive for
time period,
the sole
* At the Rule
600 hearing,
after the defense
has
understand
impact
of developmental
factors
focus of Rule 600 is on the action of the Commonwealth.
365-day
periodthe
has
elapsed.
If the trial judge
rules
made
a prima
facie showing
that
the defendant
and use
that
understanding
to shape
strategy
in
Thus, a constitutional argument should be forwarded
against you and subsequently the Commonwealth
the case.
Developmental
science
can
both
inform
when a delay prejudices a defendant and that delay was
has not been brought to trial within 365 days,
causes
another substantial
period(i.e.,
of delay,
file can
the admissibility
of
a
confession
attorneys
the Commonwealth bears the burden of proving 6 primarily caused by the courts. Emily Haney-Caron, JD, PhD is an
a new
Rule
motion
based
on this
additional
Pa.R.Crim.P. Rule 600(D)(1).
argue
that600
a youth
not have
the developmental
that
they
havedid
nonetheless
acted with diligence.
Assistant Professor of Psychology
time
and litigate
it aprior
to anyintelligent,
trial to preserve
an
capacity
to make
knowing,
and voluntary
at John Jay College of Criminal
This
means
that
after
the
defense
has
made
such
Katherine Ernst
is an
waiver) to
andthe
canadditional
shape arguments
about the weight
Click here to view and/or
the
objection
time period.
Justice inprint
New York.
Her research
a prima facie
showing,
is the Commonwealth
the factfinder
should
give to it
a confession
that is not
appellate
the
full notes section for
thisonarticle.
focuses
the attorney
alignment with
between
At suppressed.
the who
Rule should
600 hearing,
after the
defense
be required
to put
on itshas
evidence
adolescents'
capacities
to make
Montgomery
County
Public
made aand
prima
showing
that
the
defendant
thefacie
defense
should
only
argue
after the
legal decisions and the expectations
Defender's Office. She
Defense
attorneys
should
consider
the
likely a Rule 600
placed upon them by the justice
has notCommonwealth
been brought to
trial
within
365 days,
has
done
so. Essentially,
handles
appeals from
all
system.
Her scholarship
has been
of a youth'sbears
immaturity
on
theimpact
Commonwealth
the burden
of
proving
hearing
shoulddevelopmental
proceed
in form
almost
identically
profiled
the New to
York
Times,
the Miranda waiver and confession in any case in
units,byjuvenile
homicide,
that
they
nonetheless
actedIfwith
diligence.
toaahave
suppression
thestatement
judge
askstoyou
the Washington Post, the Guardian,
which
youth
gave anhearing.
incriminating
and sheSupreme
also formulates
and MSNBC, and has been
cited in U.S.
This
means
that
after
the
defense
has
made
such
to Particularly
argue priorfor
to younger
the Commonwealth's
evidence,
Katherine
Ernst is anCourt amicus
police.
youth-those under
legal
strategy
briefs and a U.S. Department of
Justice
Advisory.for
Dr.pre-trial
Haneya prima
facie
it you
is the
Commonwealth
make
clear adolescents
that
could
possibly
argue
15-and
foritshowing,
older
withnot
lower
intelligence,
appellate
attorney
with the
Caron
serves
on
the
New
York
City
Bar
Association's
Juvenile
and trial units. Katherine graduated Magna Cum
attorneys
should
whether
youth
who
should
be required
put
on itsthe
evidence
on behalf
ofconsider
your to
client
until
you
knowwas
what the
County Public
Justice Committee andMontgomery
the American Psychological
Association's
Laudeon
from
Lawis School,
New
Orleans
able
to
grasp
the
meaning
and
import
of
their
rights
and theCommonwealth's
defense should only
argueofafter
the is.
evidence
diligence
Committee
LegalLoyola
Issues.
She
a licensed
attorney
in
Defender's
Office.
She
50
before waivinghas
them.
may want
to use
in 2007 and
anda was
on psychologist
law review.
Pennsylvania
licensed
in She
New practiced
York.
Commonwealth
doneAttorneys
so. Essentially,
a Rule
600
handles appeals from all
developmental
science and science
onatyouth
Miranda
* If the Commonwealth
appears
the Rule
600
at Kaufman, Coren & Ress in Philadelphia out
hearing
should proceed
in form almost
identically
comprehension
and
confessions
in
arguing
for
the
units, juvenile to homicide,
hearing and does not present any evidence that
of law school, and thereafter
did work
to suppression
a suppression
hearing.
If the
judge
you
a
confession
which
theasks
attorney
Johanna
MA isin
anthe
it actedof
with
diligence-for
instance,
they
did
not
and she
alsoHellgren,
formulates
51
to believes
argue prior
Commonwealth's
evidence,
intersection of horseracing
andstudent
§1983 for a
advanced law
doctoral
was to
notthe
validly
made. In some
cases, this
bring in thehiring
officer
to testify
to the attempts
made
legaland
strategy
for
pre-trial
adjunct
lecturer
at passion
John
mayitnecessitate
a forensic
psychologist
make
clear that you could
not possibly
argueto
number of years before following her
to find
and
apprehend
the defendant-argue
that and trial units. Katherine graduated
Jay College ofMagna
CriminalCum
Justice
evaluate
the
youth's
understanding
of
his
or
her
rights
on behalf of your client until you know what the
for indigent criminal
in defense.
New New
York City.
Her
research
they have
not
met
their
burden
because the burdenLaude from Loyola Law School,
and
capacity
to
make
an
informed
waiver.
Orleans
Commonwealth's evidence of diligence is.
concerns several areas within the
of proof includes the burden of production and
in 2007 and was on law review.
She
practiced
intersection of psychology and
cases
in which
confession
is ultimately
If theInCommonwealth
appears
atnot
the
Rule 600
Share
this
article
arguments
of the
counsel
are
evidence.
law,
such
as decisionout
making in a
at
Kaufman,
Coren
&
Ress
in Philadelphia
admitted
evidence,
the high
of false
hearing
andinto
does
not present
any risk
evidence
that
plea-bargaining
context
of law school, and thereafter did work in the and the
confession for children and adolescents and their
effects of confessions on lawyer
it acted with diligence-for instance, they did not
Vol. 4, Issue
4 and
The Defense
9
susceptibility to give in to police pressure may raise
intersection of horseracing
law
for recently,
a
l For§1983
recommendations.
Most
bring
in the about
officerthe
to confession's
testify to the
attemptsYouth
madeis
questions
reliability.
she hasof
explored
how the following
Alford plea may
number
years before
her persuade
passion innocent
to consistently
find and apprehend
theofdefendant-argue
that
cited as one
the biggest risk factors
defendants to accept a plea they otherwise would not consider.
for indigent criminal defense.
they
met their
burden
because
the burden
forhave
falsenot
confessions
and
children
and adolescents
vastly
overrepresented
substantiated
of are
proof
includes
the burdenamong
of production
and
52
false
confessors.
Attorneys
may
wish
Share this article
arguments of counsel are not evidence.to argue-and
PANTONE

2955C

7406C

CMYK

90/78/39/30

9/22/91/0

RGB

22/58/92

234/194/56

HEXIDECIMAL

#153A5B

#EAC137

PANTONE

2955C

7406C

CMYK

90/78/39/30

9/22/91/0

RGB

22/58/92

234/194/56

HEXIDECIMAL

#153A5B

#EAC137

About the Authors

About the Author

For The Defense l Vol. 5, Issue 3

Vol. 4, Issue 4

For The Defense

PANTONE

2955C

74
CMYK

90/78/39/30

9/22

RGB

22/58/92

234/1

HEXIDECIMA

#153A5B

#EA

https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020/src/docs/Interrogating_Youth_Miranda_Warnings_Notes.Final.Sep.2020.pdf

For the Defense - Vol. 5, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 3