Re: Miranda Law Does it Apply to Minors

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On 3/12/06, Gia wrote:
> Miranda applies when you have arrest (or its equivalent) plus
> interrogation. It does not apply just because a person is
> under arrest.
>
> You need to speak to an attorney to determined what actually
> happened and if Miranda is even an issue.
>
> On 3/10/06, Carol wrote:
>> On 3/09/06, Rudy wrote:
>>> My Question is does the Miranda Law Apply to Minors, My
>> son
>>> 14yrs old. was charged 2 weeks ago for assault against a
>>> teacher and was questioned in the office of the assitant
>>> Principal and the police officer about what he did. Now,
>>> take in mind Me as the parent was not present nor advised
>>> of the situation until my son came home that he received a
>>> citation from the officer for an assault and all my son
>> did
>>> was shove the teacher back but that is another long story.
>>> What I like to know is that my son just like anyone else
>>> has rights especially if he is about to be charged with a
>>> serious offense, and not to have his parents there or call
>>> us and tell us about this until after he was given the
>>> citation, can someone please help me understand this
>> better.
>> There are many common misconceptions about Miranda, one
>> bieng that it is a law that must be followed. Miranda is a
>> case decided by the US Supreme Court. It is a right, not a
>> law. What it involves, among other things, is the 5th
>> amendment right not to incriminate oneself and how a
>> person's statements can be used agaisnt them. Miranda only
>> applies if the person is under arrest. Then the requirement
>> is that the arresting officer tell the person in language
>> they can understand that they have the right to remain
>> silent and anything they say will be used against them, also
>> that they have the right to an attorney, etc. Anyone who
>> watches cop shows on TV can recite this in their sleep.
>> Again, THIS ONLY APPLIES IF YOU ARE UNDER ARREST. It does
>> not apply to citations or questioning. In answer to your
>> question, yes, juveniles have the same 5th amendment rights
>> as adults and if a juvenile is arrested the parents are
>> supposed to be notified. try googling "Miranda rights
>> +juveniles" for more information. I would suggest hiring a
>> juvenile defense attorney to represent your son. S/he can
>> fill you in on all of the other aspects of the case. Any
>> time someone is charged with a crime it is my recommendation
>> that they have an attorney. Your freedom is just too
>> important not to spend the money. Oh, and that's another
>> part of what the cops have to inform you when you're under
>> arrest, if you can't afford an attorney the court will give
>> you one.

SorrY Gia, You are only partially correct! The fifth amendment
applies to police custody as well as arrest. If a reasonable
person is being questioned by the police he must be informed of
his rights. (reasonable being: fitting description or attitude
that suggests his / her participation) He/she must be informed of
their rights!!! The courts recognize that the relationship
between authority (police) and a minor suggests that reasonable
cannot apply. Therefore a minor should not and cannot be
questioned without his parents or his attorney there to explain
his / her rights. Folks tell your children they do not have to
answer questions without you being present. If Law enforcement
intimidates or threatens that is against the law.