NCJ Number
75931
Date Published
1981
Length
302 pages
Annotation
Combining the research methods of psychology with the concerns of law, legal systems, and legal process, this volume explores the competence of juveniles to waive rights to silence and legal counsel.
Abstract
Based on a review of critical and controversial issues in juvenile law and procedure concerning the interrogation of juveniles and the validity of their confessions, the book grew out of a series of empirical research studies. The opening chapter reviews the history of juvenile court philosophy and the law and practice relating to the interrogation of juveniles. Special attention is given to the courts' attempts to discern whether or not juveniles are competent to understand and validly waive their rights. Juveniles' understanding of their rights, as well as their reasoning when asked to waive or assert these rights, is examined through experimental studies. To provide a standard of comparison, the author measures similar judgmental abilities in adults and, after careful study, describes those juveniles competent to provide a meaningful waiver of rights. Finally, legal and social remedies for juveniles' diminished competence to waive rights are explored. These remedies include revising the Miranda warnings, assessing juveniles' understanding of their decision to waive rights, requiring the presence of parents at interrogation, providing legal counsel, and establishing blanket exclusion of juvenile confessions. Alternatives are recommended which would provide the most feasible and effective protection of juveniles whose competence to waive rights appears questionable. Research findings demonstrate the need for extraordinary protections for juveniles ages 14 and under. Legislation to provide blanket exclusions of confessions or to provide automatically for effective legal counsel to these juveniles prior to police questioning would afford the type of protection which juveniles need. However, in lieu of the recommended reforms in juvenile law, judges should use certain criteria in weighing individual juveniles' competence to waive rights. The juvenile's age, intelligence quotient, and other demographic characteristics should be considered. Recommendations for future research are suggested. Tables, footnotes, an index, and approximately 125 references are provided. Appendixes give supporting data, subject sample descriptions, and other related legal information. (Author abstract modified)