Juvenile Law Center et al. Amicus Brief, In re: M.W.
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 youth and adults, the consequences of an interrogation, and the standard police tactics used to induce false confessions.
From the summary of the argument in the brief: “The United States Supreme Court has repeatedly recognized that fundamental developmental differences between children and adults justify distinctive treatment under our Constitution and laws. The instant appeal concerns the rights of [youth] suspects during police interrogations. Amici Juvenile Law Center, National Juvenile Defender Center, Center on Wrongful Convictions of Youth and the Children’s Law Center urge this Court to adopt a bright line rule that [youth] must have meaningful access to counsel during police interrogations and prior to waiver of their rights under Miranda v. Arizona.
Counsel is essential to ensure that children’s rights are protected during interrogations. [Youth] have a more limited understanding of the justice system and face particular challenges in navigating that system. Absent consultation with counsel, [youth] lack the capacity to properly understand the consequences of an interrogation and to weigh the risks and benefits of answering questions. Counsel can assist with the child’s understanding, by explaining the interrogation process; counsel counterbalances the inherently coercive nature of the interaction; and counsel acts as a reminder to the child that he need not make incriminating statements or answer a police officer’s questions. Ohio statutes and case law consistently recognize the importance of counsel in juvenile proceedings, and that “the admissions and confessions of [youth] require special attention.””
