Miranda

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The United States Supreme Court Adopts a Reasonable Juvenile Standard in J.D.B. v. North Carolina for Purposes of the Miranda Custody Analysis: Can a More Reasoned Justice System for Juveniles Be Far Behind?

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Juvenile Law Center et al. Amicus Brief, In re: M.W. 

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This amicus brief by Juvenile Law Center, Children’s Law Center, Inc., The Gault Center, and others argues Ohio should adopt a bright line rule requiring meaningful access to counsel for all young people at the interrogation stage of a delinquency proceeding. Amici argue counsel at interrogation is essential given the developmental and neuroscientific differences between…

Juvenile Law Center et al. Amicus Brief, J.D.B. v. North Carolina

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This amicus brief by Juvenile Law Center and others argues young people are different for purposes of the Miranda custody analysis and the Supreme Court should afford young people Constitutional protections in light of Supreme Court jurisprudence on interrogations and recently under the 8th Amendment as well as social science research about the particular vulnerability…

The Comprehensibility and Content of Juvenile Miranda Warnings

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This law review article from the publication Psychology, Public Policy and Law, looks at juvenile Miranda warnings and the comprehensibility of the warnings as applied to young people. From the Introduction: “Annually, more than 1.5 million [youth] offenders are arrested and routinely Mirandized with little consideration regarding the comprehensibility of these warnings. The current investigation…

The Bill of Rights, Due Process and the Deaf Suspect/Defendant

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This research paper from the Journal of Interpretation looks at the intersection of a subset of deaf people, who are classified as semilingual (meaning they are functionally illiterate (reading level grade 2.9 or below) and lack proficient English or sign language skills.), and their involvement in the legal system. The research paper examines eleven frequently…

Testimony and Interrogation of Minors: Assumptions About Maturity and Morality

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This article examines the legal history and social contexts of testimony and interrogation involving young people, developmental research on suggestibility and judgment, interactions between development and legal/sociological contexts, and the reasoning behind how young people are treated in different legal contexts. The authors argue (a) that young witnesses, victims, and suspects alike possess youthful characteristics…

Special Education Advocacy Under the Individuals with Disabilities Education Act (IDEA): For Children in the Juvenile Delinquency System

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The intended audience for this manual is defense attorneys who represent children in delinquency matters and in status offenses; the intended audience includes also disability rights attorneys and other public interest attorneys with an interest in representing children who are enmeshed in the delinquency system. Children strive to be productive and to be accepted. Children…

Juveniles’ Capacities to Waive Miranda

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