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Friday, July 1, 2011

Rights Denied

The following will be actual events with no distortion of the facts as they are known

Our 16 year old daughter was denied many of her rights, thus leading to a murder conviction for which she will be sentenced soon .
According to due process of law. Regardless of
the charge,juveniles do have rights that differ from adults,
and MUST BE APPLIED when taken into custody,and through of the judicial process,otherwise the system will fail( which it has) and democracy will inevitably cease to exist.
When She was first picked up by police,and taken into custody, she was not allowed 2 completed phone calls within one hour.(Welfare & Institutions Code 627).Her father went to the police station and was told he could not see her
(Penal Code 120.6).
Her 14th Amendment Rights were violated because she was denied counsel (her Father) during questioning. She was not mentally evaluated, and had very little knowledge of the criminal justice system (Wel.& Institutions Code 30.23).
Mental condition is a very important issue according to Evidence Code 1016a. A 16 year old girl should not be alone with adult male police detectives for questioning because it infringes on the 5th ,6th,& 14th Amendments of the Constitution concerning due process.
Failure of telling her that her father
was there is a direct violation of Wel. & Inst. Code30.11). It is still unclear what probable cause initiated her to be taken into custody(Penal Code 995). Her deprivation of rights and privileges is a violation of U.S. Code 14141a. All of these violations occurred
during her 1st hours of custody.
(Wel.&Inst. Code 627.5)The minor AND parent to be immediately advised that any thing the minor says will be used against him or her, and to be advised of the presence of counsel during interrogation.
(Title 28 United States Code 1343 Provided A Federal court Forum In Which Citizens Can Seek Redress From The Deprivation Of Rights.

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