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Summary Of Fare V. Michael C.

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Fare v. Michael C. is a case from 1979 where the United States Supreme Court reviewed what would make a juvenile’s confession inadmissible in court (Elrod & Ryder, 2014). The case begins with the respondent, Michael C., a 16-year-old juvenile being taken into custody by Van Nuys police in California on the suspicion of murder. He was immediately taken to the police station for questioning. Prior to the beginning of questioning, police fully advised Michael of his rights under Miranda v. Arizona. At the beginning of the questioning, Michael, who was on probation in the Juvenile Court, asked for his probation officer to be present. The police officers denied his requests and started the questioning process because Michael advised that he was willing to speak …show more content…

Probation officers are not able to offer them any type of legal assistance to protect the Fifth Amendment rights of the accused while they are under custodial questioning like a lawyer can offer. They agree that a probation officer is in a position that would make the juvenile trust them, and they are required by law to do what is in the best interests of the juvenile. However, this does not give or make the probation officer any more capable of providing the legal assistance needed to the accused with what a lawyer can offer. Another problem the Court viewed with a probation officer being present, is they are also required by law to report any wrongdoing on the part of a juvenile under their supervision. Therefore, a juvenile’s request to have their probation officer present is not a per se invocation of their right to remain silent. The Supreme Court held that the respondent clearly waived his Fifth Amendment rights, and the statements and sketches were given voluntarily so they should be admissible in court. This decision was held with a 5 to 4 vote from the court justices (Fare v. Michael C.,

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