By H. Michael Steinberg – Colorado Criminal Juvenile Defense Lawyer – Attorney
New Research Bears On Whether Children Can Understand “Adult” Miranda Warnings
Juvenile Miranda Warnings Under Colorado Law? – Under Colorado Juvenile Criminal Law – The Miranda warnings given to children as young as 11 – are the SAME warnings given to adult suspects about to be questioned
A forensic psychologist by the name of Richard Rogers along with research conducted buy the National Science Foundation, supports the proposition that Colorado should simplify the Miranda warnings presently given to Colorado’s children who are questioned in criminal cases.
The Miranda decision under Colorado law legally applies to juveniles under investigation in the very same way as to adults. Like adult cases – only a “knowing, intelligent, and voluntary” waiver of those rights under the “totality of the circumstances” will suffice. Factors such as the juvenile’s age, education, and personal background in addition as the length and circumstances of that questioning are all critical to a proper waiver of a juvenile’s Miranda rights.
While the age and experience of the child who is questioned is taken into consideration I this analysis and – if the child is in custody – the child has the right to the presence of a parent or attorney during the questioning and or making the decision to waive the child’s Miranda rights (LINK), the burden of proof on the government remains the same as in the case of adults in the same situation.
Juvenile Miranda Warnings Under Colorado Law
Juvenile Miranda Warnings Under Colorado Law – Huge Numbers Of Teens Are Arrested And Then Questioned In Colorado
More than 115,000 pre-teens with criminal offenses are arrested in the United States every year. Research has shown that these pre-teen alleged offenders possess:
(1) at least average intelligence;
(2) no learning disorders or other impairments;
and
(3) average academic achievement.
Yet these children are still confused when they are read the classic three Miranda prongs: the right to an attorney; continuing rights, and free legal services.
Research Has Shown That The Following Modification Would Help These Children Understand Their Rights
A Simplified “Juvenile” Miranda warning:
1. You have the right to remain silent. That means you do not have to say anything.
2. Anything you say can be used against you in court.
3. You have the right to get help from a lawyer.
4. If you cannot pay a lawyer, the court will get you one for free.
5. You have the right to stop this interview at any time.
6. Do you want to have a lawyer?
7. Do you want to talk to me?
Constitutional protections do not protect anyone if they are ignored
The research conducted in this area demonstrates that less than one in seven juvenile suspects asserts their Miranda rights. For younger juveniles (aged 14 and under), the numbers are even lower – one in 13 asserted their rights. The immaturity and deficient cognitive abilities of juveniles require that the NEW Miranda warnings – supported by this research – should be given instead of the “adult” version given today.
Juvenile Miranda Warnings Under Colorado Law
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-227-7777.
If you are charged with A Colorado crime or you have questions about [shoplifting or grand theft], please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue as they related to Juvenile Miranda Warnings Under Colorado Law.