Tuesday, September 24, 2013
Sandra Eismann-Harpen has posted Kentucky Should Mandate Attorney Consultation Before Juveniles Can Effectively Waive Their Miranda Rights (Northern Kentucky Law Review, Vol. 40, No. 1, p. 201, 2013) on SSRN. Here is the abstract:
Kentucky’s protection of juveniles’ Miranda rights is not only inadequate, but it also lags behind other states. Although the Supreme Court of the United States expanded the protection of juveniles’ Miranda rights in J.D.B., the reasonable child standard created in J.D.B. is insufficient. Juveniles’ brains are not fully developed, and they often fail to comprehend the risks and potential consequences of waiving their Miranda rights. To circumvent this issue, some states require parental consultation for valid waiver of Miranda rights by juveniles; however, parents and guardians typically lack legal knowledge to adequately represent juveniles’ rights and may have interests that conflict with the juvenile’s interests. Therefore, this article proposes a modification to Kentucky law to better safeguard juveniles’ constitutional rights by creating a bright-line rule mandating attorney consultation before juveniles can effectively waive their Miranda rights.