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NCJ Number: 75931 Add to Shopping cart Find in a Library
Title: Juveniles' Waiver of Rights - Legal and Psychological Competence
Author(s): T Grisso
Date Published: 1981
Page Count: 302
Sponsoring Agency: Plenum Publishing Corp
New York, NY 10013-1576
US Dept of Health, Education, and Welfare
Washington, DC 20203
Grant Number: MH-27849
Sale Source: Plenum Publishing Corp
233 Spring Street
New York, NY 10013-1576
United States of America
Language: English
Country: United States of America
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)
Index Term(s): Confessions; Juvenile courts; Juvenile justice system; Juvenile processing; Psychological evaluation; Right against self incrimination; Right to counsel; Rights of minors; Waiver of rights
Note: Perspectives in Law and Psychology volume 3
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