A Blind Spot in Miranda Rights: Juveniles' Lack of Understanding Regarding

Authors

Wadad Barakat

First Page

174

Document Type

Comment

Abstract

This Comment addresses the negative implications of juveniles who waive their Miranda rights due to lack of knowledge, fear, and lack of cognitive capabilities." First, this Comment will provide insight regarding the Fifth Amendment, the history of Miranda, and key cases that lead to the reform of Miranda. Second, this Comment will discuss juveniles' perspective of the Miranda language along with the police's perspective. In particular, it will emphasize the complexity of the language as it stands today and how juveniles' cognitive abilities are insufficiently developed to understand it. Lastly, this Comment will propose guidelines to prevent minors from giving false confessions due to their lack of knowledge and/or comprehension of their constitutional rights by implementing a new policy for police officers.

Recommended Citation

Wadad Barakat, A Blind Spot in Miranda Rights: Juveniles' Lack of Understanding Regarding, 31 St. Thomas L. Rev. 174 (2019).
Available at: https://scholarship.stu.edu/stlr/vol31/iss2/4