Miranda rights are probably best known to most Americans through television crime dramas: “You have the right to remain quiet. Any words you utter could be used against you.” Nevertheless, despite this information, many Americans might not be entirely aware of their legal rights. So how can we expect children to understand better?
Keep reading to learn whether Miranda rights extend to juveniles. If you have questions, or require help from a criminal defense attorney, contact Chambers Law Firm at 714-760-4088 for a free legal consutlation.
Background of Miranda Rights
The right to remain silent, the right against self-incrimination, and the right to an attorney are some of the constitutional protections that each of us as citizens of the United States enjoys in criminal trials.
These rights are named after the Miranda v. Arizona case from the United States Supreme Court in 1966, where the Court ruled that a confession elicited from a defendant who was not informed of these rights violated the Constitution’s Fifth and Sixth Amendments. In order to assure that any comments or confessions made by detainees would be acceptable in court, police departments across the nation started issuing what became known as Miranda warnings.
Juvenile laws are unique
If the police have good reason to believe that a youngster has committed a crime or disobeyed a juvenile court order, they are permitted to place the child in temporary custody in California. When a kid is taken into custody, the police are supposed to inform them of their Miranda rights. Parents are not needed to be told that their child is being questioned. They can then question the minor using interrogation techniques.
Studies are clear on whether or not juveniles can understand their Miranda rights
Studies show that children under the age of 15 are unable to properly comprehend how their decisions may negatively affect them. Additionally, they are unable to completely comprehend their Miranda rights and have a limited awareness of the criminal justice system. In light of these facts, the California Legislature acted in 2017 to prevent kids suspected of committing crimes from receiving Miranda warnings that might have held up in court but had no practical value.
Minors are frequently vulnerable to the pressure techniques used by the police since they are separated from their parents and are not fully aware of their rights. They could be more prone to admitting to crimes they didn’t commit.
Because of this, it is even more crucial that kids have protections like Senate Bill 395. SB 395 mandates that anyone detained by the police and who is 15 years of age or younger has a consultation with a lawyer before being requested to relinquish their Miranda rights. A video conference, phone call, or in-person meeting are all options for this consultation.
Before being questioned, minors may benefit from having a clearer grasp of their rights thanks to this. When deciding whether a minor’s statement is admissible in court, courts must also take SB 395 compliance into account. The legislation was approved in 2017, and it became operative on January 1st, 2018.
All of us who are parents want what is best for our kids. This includes retaining a reputable Los Angeles criminal defense lawyer to defend them if they are accused of a crime. Chambers Law Firm is knowledgeable about the nuances of juvenile law, particularly SB 395 regulations.
We will stand up for your child’s rights, including making sure that the police gave your child the opportunity to speak with an attorney before waiving his or her Miranda rights. To arrange a free initial appointment with a criminal defense lawyer in Los Angeles, contact our office right now at 714-760-4088 or firstname.lastname@example.org.