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Miranda in a Juvenile Setting: A Child's Right to Silence

NCJ Number
109759
Journal
Journal of Criminal Law and Criminology Volume: 78 Issue: 3 Dated: (Fall 1987) Pages: 534-556
Author(s)
L E Holtz
Date Published
1987
Length
23 pages
Annotation
This article examines judicial decisions and laws pertinent to the right of juveniles to receive and understand a police statement of the Miranda right to remain silent upon being charged for an offense.
Abstract
Although to date, the U.S. Supreme Court has not specifically held the procedural safeguards enunciated in 'Miranda' applicable to the juvenile justice system, many State courts use 'Miranda' as a component of criteria for determining the legitimacy of juveniles' confessions and police interrogations of juveniles, particularly when the charge involves potential commitment to a State institution. Numerous State legislatures have responded to 'Miranda' and 'Gault' by enacting new and modifying old legislation for the administration of juvenile justice. Many statutes require the administration of Miranda-type warnings to juveniles in custody. An important element of the required administration of Miranda-type warnings to juveniles is their being worded so as to be understandable to juveniles. This article describes New Hampshire's methodology for constructing a youth rights form that explains a charged juvenile's rights in simplified language. The form is appended. 103 footnotes.

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