Center on Wrongful Convictions of Youth et al. Amicus Brief, South Dakota v. Diaz

This amicus brief by Center on Wrongful Convictions of Youth, The Gault Center, and others argue a 15-year-old child from South Dakota did not knowingly and intelligently waive her Miranda rights when the police failed to allow her to consult with her mother before interrogation, minimized the importance of the Miranda warnings, and did not listen when the child said she did not understand her rights. Furthermore, amici argue for special protections for young people during police interrogations including required consultation with an interested adult- preferably an attorney-before waiver, explicit and clear language about waiver of rights, and full recording of all custodial interrogations of young people.

From the Introduction of the Brief: “Both the United States and South Dakota Supreme Courts have long recognized that [youth] need special protection during police interrogations. J.D.B. v. North Carolina, 131 S. Ct. 2394, 2399-2400 (2011) (“It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave”); State v. Horse, 2002 S.D. 47, 11, 644 N.W.2d 211 (2002) ( concerns about Miranda’s protections are “only heightened when juveniles are interrogated”). Accordingly, interrogation practices that pass constitutional muster for adult suspects must be given special scrutiny when the subject of interrogation is a youth.

Furthermore, Amici urge this Court to expand the protections afforded to youth in the interrogation room. In particular, this Court should expand a [young person’s] rights under the parental consultation rule to require that they be afforded a meaningful consultation with an interested adult- preferably an attorney- before interrogation begins, as several other states have done. Similarly, Amici urge this Court to require police to ask [youth] to explain the Miranda rights in their own words and to obtain express waivers from them. Finally, Amici urge this Court to require that all custodial interrogations of [youth] suspects be electronically recorded from the Miranda rights until the end. Such requirements will provide police with clear guidance while firmly protecting the rights of South Dakota’s children.”