Opinion

Fare v. Wayne H.

  • 24 Cal. 3d 595
  • 156 Cal. Rptr. 344
  • 596 P.2d 1
  • 1979 Cal. LEXIS 271
Court
California Supreme Court
Filed
Jun 21, 1979
Status
Published
Author
Clark
On the bench
Richardson, Bird, Clark
Cited by
26 cases

The opinion

CLARK, J.,

Dissenting. — The majority have, in effect, made a policy decision. They have decided that the interest in encouraging the juvenile to be candid and confiding in the section 628 1 interview outweighs the interest in protecting the juvenile and society by resolving guilt on the basis of admissions and confessions obtained in such an interview. This is an arguable position. But the Legislature appears to have taken the opposite position when it enacted section 627.5 requiring the probation officer to advise the minor at the section 628 interview that anything he says may be used against him. Therefore, the judgment should be affirmed.

All statutory references are to sections of the Welfare and Institutions Code.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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