ANYTOWN POLICE DEPARTMENT

123 Main Street

Anytown, USA 070476

WORK SHEET - ASSESSING COMPETENCY

INCIDENT #: ______INCIDENT TYPE: ______

JUVENILE INFORMATION

1. NAME:______DATE OF BIRTH: ______

PRIMARY LANGUAGE: ______

LANGUAGE INTERVIEW CONDUCTED IN: ______

INTERPRETOR PRESENT: YES _____ NO ____ IF SO WHO: ______

WAS THE JUVENILE GIVEN AN MEANINGFUL/GENUINE OPPORTUNITY TO CONSULT WITH A

PARENT/GUARDIAN/CARING ADULT? YES __ NO __

SUGGESTED QUESTIONS GEARED TOWARD ASSESSING COMPETENCY

QUESTIONS

1. How old are you? ______

2. When is your birthday? ______

3. What year were you born? ______(If the child cannot provide the year, this should be a red flag)

4. What grade are you in? ______(Consider whether the grade is appropriate for the age of the child or whether the child is behind in school)

5. What courses are you studying? ______

(Are the courses appropriate or do they suggest special education placement)

6. How many days of school do you miss in an average week? ______

a. Why? ______

7. How many times each week are you late for school? ______

(Truancy may be an indicator of special education problems)

8. Who are your doctors? ______

a. How often do you see your doctors? ______

b. Why do you see your doctors? ______

9. Have you ever talked with a therapist or psychologist? ______

a. Why? ______

10. Have you ever been in a hospital? ______

a. Why? ______

11. Are you taking any medications? ______

a. What are they? ______

b. Why are you taking them? ______

c. How do the medications make you feel? ______Better? ______Worse?______

ANOTHER VERSION OF QUESTIONS TO ASSESS UNDERSTANDING / COMPENTENCY

Minors Name: ______Age: ______DOB: ______

Booking #: ______Completed By: ______Date Completed: ______

QUESTIONS FOR MINOR:

1. Do you go to school? ______

a. What school? ______

b. What grade? ______

2. Do you know the difference between doing what’s right and doing what’s wrong?

a. Yes: ______b. No: ______

3. Give me an example of something right to do: ______

4. Give me an example of something wrong to do: ______

5. What happens to you when you do something wrong: ______

The following questions refer to the specific crime being investigated. Use SIMPLE WORDS TO DESCRIBE THE OFFENSE i.e.” to take something that doesn’t belong to you” instead of” steal” or “petty theft”, “go into a house without permission to take something that isn’t yours” instead of “burglary, “start a fight or hit someone” instead of “assault” or “battery”, “take someone’s property from them by hitting them or scaring them” instead of “robbery”, “lookout or help” instead of “aiding and abetting.” Ask about the specific sexual activity instead of “oral copulation” or “penetration.” Try to have minor explain their answers. Indicate the words used by investigator to describe the crime.

6. Do you know it is wrong to (specific crime investigated)?

Answer: ______

7. Did you know it was wrong to (specific crime investigated)?

Answer: ______

7a. Before (time frame offense occurred)?

Answer: ______

8. Do you know it is wrong to help someone else (specific crime investigated) ______?

Answer: ______

9. If someone did this to you would it be wrong?

Answer: ______

10. Where you ever taught it was wrong to (specific crime investigated) ______?

Answer: ______

10a. By whom (i.e. : parent, teacher, etc.)

Answer: ______

11. What were you taught about it being wrong to (specific crime investigated) ?

Answer: ______

Conclusion: State whether in your opinion, the subject knows the difference between right and wrong.

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Questions for Parent(s) / Guardian(s) / Teacher / Other (If Applicable)

Name of person questioned: ______

Relationship: ______

Questioned by: ______

In Person: ______Via Telephone : ______

1. What is the minor’s age?

Answer: ______

2. Date of birth?

Answer: ______

3. Have you taught (minor’s name) ______The difference between right and wrong?

Answer: ______

4. Does (minor’s name) ______know it is wrong to (specific crime investigated) ______?

Answer: ______

5. Did he/she know it was wrong before the event?

Answer: ______

6. Has (minor’s name) ______been taught it is wrong to (specific crime investigated) ______?

Answer: ______

7. How and by whom (ie. parent, teachers, etc.)?

Answer: ______

8. Does (minor’s name) ______go to school?

Answer: ______

8a. Where?

Answer: ______

8b. What grade?

Answer: ______

9. Can (minor’s name) ______read?

Answer: ______

10.Can (minor’s name)______Write?

Conclusion: State whether in your opinion, the subject knows the difference between right and wrong.

______

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MIRANDA COMPREHENSION

Determine if the subject knows the meaning of the following words as per Miranda: silent, court, lawyer, appointed, judge, and write the subject’s answers below. If a word is unknown explain the meaning and document explanation.

Silent: ______

Explanation if needed: ______

Court: ______

Explanation if needed: ______

Lawyer: ______

Explanation if needed: ______

Appointed: ______

Explanation if needed: ______

Judge: ______

Explanation if needed: ______

Was Miranda Given? Yes: ______No: _____

Did minor indicate they heard and understood their rights? Yes: ______No: _____

Did minor give a knowing and intelligent waiver of his/her rights? Yes: ______No: _____

If it is not documented anywhere else in your department records you can use the following to support how they were advised of Miranda.

EXPLANATION OF MIRANDA RIGHTS TO SUBJECT: (example)

Question: You have the right to remain silent? What does that mean?

Answer: I don’t know

Response: It means you don’t have to talk to me if you don’t want to. Now do you understand?

Complete the remainder of Miranda individually.

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