Reasonable Child Standard
The Delaware Family Court granted a youth’s suppression motion, finding that age and race must be considered when determining whether a seizure has occurred under the Fourth Amendment. The court states in relevant part: “Children are not adults. In J.D.B. v. North Carolina, the Supreme Court decided that children should not be treated like adults for the purposes of…
From the Introduction: “Racial inequities are addressed to varying degrees in at least three of the four sections of the Restatement of Children and the Law. This Essay evaluates whether and how well this Restatement advances racial justice and identifies additional opportunities for the ALI to address racial inequities now and in future iterations of the Restatement. The…
School-based arrests have long made up a substantial number of cases in the juvenile legal system. As a result, youth defenders often represent clients who have been seized, searched, or interrogated on school grounds. This guide provides a general overview of the law governing school seizures, searches, and interrogations and practice tips for challenging evidence…
This amicus brief by the Juvenile Law Center and Rise for Youth argues schools and school officials are increasingly entangled with law enforcement, especially, through the use of school resource officer programs, impacting students’ constitutional rights. The brief argues that O.W., a 13-year old student in this case, had his Fifth Amendment rights violated when his vice principal and the school resource officer compelled him to make an incriminating statement…
This brief by the Wisconsin Innocence Project and others argues the developmental characteristics of children and adolescents make them uniquely susceptible to the pressures of police interrogation, resulting in young people making involuntary statements. The brief calls the court to consider the child’s age and the coercive psychological tactics used during police interrogations, specifically the minimization and maximization techniques, to assess whether the child was in custody and…
“In this article, we address the question left unanswered by the Court in J.D.B.: In light of the substantial research establishing that children’s understanding and appreciation of the Miranda warnings are quite limited, must the traditional test for assessing the validity of an individual’s waiver of their Miranda rights be re-calibrated to take into account…
On March 13, 2015, the U.S. Department of Justice filed a Statement of Interest in a lawsuit challenging the deprivation of children’s right to meaningful representation in the Cordele Judicial Circuit of Georgia. In upholding the constitutional necessity of youth defense specialization, the DOJ asserted, “The right to counsel means more than just a lawyer…
A sample motion from Ohio requesting suppression of statements made by a 17-year old with disabilities including a specific learning disability and expressive language disorder. The motion argues the child’s statement should be suppressed given the inherent coerciveness of police interrogations of children, the inadequate and untimely reading of the Miranda rights by the police…
