People who are accused of crimes have some rights. These rights are very important to minors, who are more vulnerable and can easily be coerced and intimidated during police interrogation.
As a parent, it is important to know the rights of your child when they are questioned by police. This will help you protect the minor from making costly mistakes. Hiring an attorney is necessary since they are familiar with the do’s and don’ts according to the law.
Keep reading to learn more about the Fifth and Sixth Amendments and how these doctrines protect minors during police questioning.
The Fifth Amendment
The Fifth Amendment in the U.S. Constitution protects people from being forced to testify against themselves. This is where the phrase ‘you have the right to remain silent’ comes from. This principle, known as the right against self-incrimination, is very important for minors who may not fully understand the consequences of their statements.
Miranda Rights and Minors
The landmark Supreme Court decision case Miranda v. Arizona (1966) established that suspects must be informed of their right to remain silent and their right to an attorney before questioning. Failure to do so, the statement cannot be used as evidence.
These Miranda rights apply to both adults and minors. However, data shows that minors are less likely to understand the full meaning of these warnings. This means they can easily waive their rights without regard for the potential consequences.
However, when a minor waives their Miranda rights, for this to be valid, courts must determine whether it was made voluntarily, knowingly, and intelligently. Given their lack of age and experience, minors often fail to fully understand the impact of waiving their rights, which raises questions about whether their statements are admissible to court.
The Role of Parental or Legal Guidance
Some states have additional protection requiring a parent or guardian to be present when a minor is under interrogation. However, these laws highly vary and in some jurisdictions, police can actually question a minor even without notifying the parent.
Without a trusted adult present, minors are vulnerable to pressure from law enforcement, increasing the chances of making false confessions.
The Sixth Amendment
The Sixth Amendment guarantees individuals the right to legal representation in criminal proceedings. This is very important to minors who don’t fully understand the legal system and how to defend themselves.
The Role of an Attorney During Police Questioning
Having an attorney present is very crucial, as they advise minors on whether or not to speak with law enforcement and protect them from being coerced. Without legal presentation, minors are more likely to make statements that could be used against them even if they are innocent.
Since minors are less likely to invoke the right to speak to an attorney before answering police questions, some courts have ruled that police must take extra steps to ensure that juveniles understand their right to an attorney. But this is not always the case. In other jurisdictions, the burden is left for the minors to assert their rights.
Challenges and Concerns During Minor Interrogations
The first concern is the psychological vulnerability of minors. Since their cognitive and decision-making abilities are not as mature as adults, studies have shown they are more likely to give in to police pressure.
Additionally, as mentioned, there isn’t a uniform standard across all states regarding how the Fifth and Sixth Amendments apply to minors. Some states offer greater protection, such as requiring attorneys to be present, than others. This makes it easier for minors to be questioned without proper guidance.
Conclusion
The Fifth and Sixth Amendments are very important in safeguarding a minor during police interrogation. These doctrines protect them from self-incriminating and a right to legal counsel. However, due to vulnerability and limited understanding, minors struggle to exercise their rights. It is essential to advocate for reforms to uphold their constitutional rights.
