capacity to understand warning in District of Columbia

2015Applying the to tality of the circumstances inquiry to the juvenile context, we consider “the juvenile’s age, experience, education, background and intelligence, the circumstances under which the statement was given, and whether the juvenile has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” Id. (citing Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979)).

2015Applying the to tality of the circumstances inquiry to the juvenile context, we consider “the juvenile’s age, experience, education, background and intelligence, the circumstances under which the statement was given, and whether the juvenile has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” Id. (citing Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979)).

2000This analysis "includes evaluation of the juvenile's age, experience, education, background, and intelligence, and whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights." Fare, 442 U.S. at 725 , 99 S.Ct. 2560 (citing Butler, supra, 441 U.S. at 373 , 99 S.Ct. 1755 ); see also In re W.B.W., 397 A.2d 143, 145 (D.C.1979); F.D.P., supra, 352 A.2d at 380 .

2000Essentially, in C.L.W., in upholding the determination that the youth knowingly and intelligently waived his right to remain silent and to counsel, the court engaged in a totality of the circumstances analysis, consistent with the Supreme Court’s pronouncement in Fare, supra. This analysis “includes evaluation of the juvenile’s age, experience, education, background, and intelligence, and whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” Fare, 442 U.S. at 725 , 99 S.Ct. 2560 (citing Butler,

1991Moreover, this *971 court has declined to embrace a per se doctrine holding invalid any statement of a juvenile which was made in the absence of a parent or counsel, because such a rule would "sacrific[e], in many cases ..., the vital interests underlying the policies and goals of the juvenile court system." In re J.F.T., 320 A.2d 322, 324 (D.C.1974).

1991Moreover, this court has declined to embrace a per se doctrine holding invalid any statement of a juvenile which was made in the absence of a parent or counsel, because such a rule would “sacrific[e], in many cases ..., the vital interests underlying the policies and goals of the juvenile court system.” In re J.F.T., 320 A.2d 322, 324 (D.C.1974).

2015Cf. In re M.A.C., 761 A.2d at 38-39 (upholding determination that mildly mentally retarded fifteen-year-old’s confession was voluntary; "[a] low I.Q., standing alone, will not render an otherwise voluntary and knowing confession inadmissible .... [t]he youth's intelligence, as measured by testing, is only one of many factors for consideration”); Robinson v. United States, 928 A.2d 717, 725-27 (D.C.2007) (holding videotaped confession voluntary' notwithstanding defendant’s mild mental retardation). 126 .

2015Id.; see also, e.g., In re M.A.C., 761 A.2d 32, 36 (D.C.2000) (recognizing that where "young persons” are involved, the factors bearing on voluntariness include "the juvenile's age, experience, education, background and intelligence, the circumstances under which the statement was given, and whether the juvenile 'has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights,’ ’’ as well as any "evidence of physical abuse, the length of the detention, the use of trickery, mental or emotional stability, mental capaci

2015Cf. In re M.A.C., 761 A.2d at 38-39 (upholding determination that mildly mentally retarded fifteen-year-old’s confession was voluntary; "[a] low I.Q., standing alone, will not render an otherwise voluntary and knowing confession inadmissible .... [t]he youth's intelligence, as measured by testing, is only one of many factors for consideration”); Robinson v. United States, 928 A.2d 717, 725-27 (D.C.2007) (holding videotaped confession voluntary' notwithstanding defendant’s mild mental retardation). 126 .