ERIC Number: ED163378
Record Type: Non-Journal
Publication Date: 1978-Mar
Reference Count: N/A
The Youngest Minority: Are They Competent to Waive Their Constitutional Rights?
Although juveniles are not considered criminals, it has been only in the last decade that they have been accorded the constitutional rights to fairness and due process of law accorded to adults - - basic rights guaranteed by the United States Supreme Court decision in the Miranda case. However, since a large proportion of youthful arrestees are of low socioeconomic status, intellectual deficiency, poor home background, and low educational attainment, there is great concern as to whether these youth completely understand both what their legal rights are and what it means to waive them. References are made to many legal decisions, and suggestions are provided for re-evaluation of the process by which juvenile confessions are obtained. They include: (1) revision of the wording in the Miranda statement; (2) establishment of stricter criteria for considering a waiver valid; and (3) greater involvement of parents and/or lawyers before questioning occurs. (Author/HLM)
Descriptors: Civil Rights, Court Litigation, Criminal Law, Criminals, Delinquency, Due Process, Justice, Juvenile Courts, Legal Problems, State of the Art Reviews
The Rand Corporation, Santa Monica, California 90406 ($1.50)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Rand Corp., Santa Monica, CA.