EXTRA-JUDICIAL STATEMENTS

Hawai‘i Family Court Rules

Rule: 142

Jurisdiction: HI

Bluebook Citation: HFCR 142

No extra-judicial statement by the child made as a result of a custodial interrogation by a police officer shall be admitted into evidence absent a showing that required warnings of the child’s constitutional rights were given the child in a meaningful way; that the child was informed of the child’s right to have the child’s parents or other adult present during any custodial interview; that any waiver of said rights was express and made with understanding; and that the statement itself was made voluntarily and without coercion or suggestion. In determining the admissibility of an extra-judicial statement, attention shall be given to the totality of circumstances in giving the warnings and obtaining the statement, including an examination into compliance with the provisions of HRS section 571-31.

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