Improving the “Kangaroo Courts:” A Proposal for Reform in the Evaluation of Juveniles’ Waivers of Miranda

Kimberly A. Larson, University of Massachusetts Medical School

Abstract

... In recent years, as juvenile crime rates have continued to rise, the public perceives juveniles as more sophisticated and, therefore, similar to their adult counterparts. ... If our purpose is truly to ensure that juveniles' waiver of Miranda rights are "knowing, intelligent, and voluntary" then we must implement changes to ensure that children have sufficient protections during custodial interrogation. ... The Court created a formal process of advising suspects of their constitutional rights during custodial interrogation to ensure that waiver of these rights by a suspect was "knowing, intelligent and voluntary. ... Dissatisfied with the current procedures, reformers felt that the legal system should not treat children like their adult counterparts; reformers believed that the justice system needed to instate juvenile procedures with a social welfare philosophy. ... Despite its well-intentioned beginnings, the juvenile justice system failed to meet its laudable goals of providing children with rehabilitation rather than discipline. ... When parents did speak with their children during interrogation, they recommended waiver of rights. ... Thus, if the purpose is truly to protect children, and is no longer to view the juvenile court system as a benevolent process designed to help them, then advocacy of the interested adult standard is misplaced. ... These children would still be accorded "interested adult" protection, but a lawyer would act as the adult present. ...