A Study of Juvenile Waiver

Abstract

In a footnote to its recent decision, In re Dennis M, the California Supreme Court recommended, that "juvenile officers and police be prepared to give their compulsory Miranda warning in terms that reflect the language and experience of today’s juveniles." This language stimulated our attempt to draft and test the efficacy of a simplified Miranda warning, potentially more understandable to juveniles, and consistent with juvenile law requirements. The purpose of this article is to relate the findings of an empirical study which sought to answer two questions: 1) should the Miranda warning be revised for the juvenile offender; and 2) does a minor have the capacity knowingly and intelligently to waive his Miranda rights?

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