Anyone who’s watched a cop show on television in
recent decades has a decent understanding -- or at least a memory -- of the
rights accorded to those arrested: the right to an attorney, the right to
remain silent and all the other protections given to the accused over the past
half-century, following the U.S. Supreme Court’s 1966 decision in Miranda v.
Arizona.
But juvenile offenders often don’t have a clear
understanding of what those rights entail, reported Governing. Back in 2013, the American Academy
of Child and Adolescent Psychiatry concluded that Miranda warnings are “too
complex and advanced” for most juveniles. The group recommended that “police
and other law enforcement authorities should utilize simplified Miranda
warnings developed specifically for use with juvenile suspects.”
Now, the sheriff’s office in King County, Wash., has
done just that. Working collaboratively with the public defender’s office and a
community nonprofit, the sheriff consulted with brain researchers to come up
with simplified warnings, which were then focus-grouped among teens. “For the
most part, we have always done the same warning for kids that we do for
adults,” says Sheriff John Urquhart. “We came to the conclusion, as we know
now, that kids’ brains develop slower. To be fair, we thought we should revise
the warning so that they understand what their constitutional rights are.”
Juvenile offenders in King County are now told
repeatedly, and in different phrases, that they have a right to an attorney,
underscoring that the attorney’s services are available free of charge. They not
only are told that they can remain silent, but are offered an explanation that
this means “you don’t have to say anything. It’s OK if you don’t want to talk
to me.”
Urquhart says he’s getting the same kind of pushback
that law enforcement has gotten ever since the advent of Miranda warnings --
namely, that no kid will ever confess with those kinds of protections. The new
warnings are just being rolled out, but so far there’s no evidence that they’re
hindering cases. The Seattle Police Department -- the only force in the state
larger than the King County Sheriff’s Office -- is now considering adopting
them as well.
Laurence Steinberg, an expert on adolescent
psychiatry at Temple University, describes the warnings as a “valuable change
in policy.” Nevertheless, he argues that even if kids have a better grasp of
their rights, they generally lack the judgment or foresight to think through
the implications of the decisions they make, including whether to stay silent.
Like the American Academy of Child and Adolescent Psychiatry, he recommends
that an adult who cares about the child’s welfare, such as an attorney or a
relative, should be present during interrogations. That’s already standard
practice in many departments.
To read more CLICK HERE
No comments:
Post a Comment