Questioning Juveniles
Questioning Juveniles
Law and Developmental Psychology
This chapter analyzes the law that governs juvenile interrogation. The U.S. Supreme Court has emphasized that youthfulness heightens vulnerability and has directed the close scrutiny of juveniles' confessions. Despite concerns about youthfulness, the Court applies the legal standard for adults to evaluate juveniles' waivers of right. Most states require juveniles to understand the words and concepts the Miranda warning and to assert their rights as clearly as adults. While the law posits the same standard for children and adults, developmental psychologists question adolescents' competence to exercise rights and highlight their special vulnerabilities. Many juveniles unfortunately do not understand the Miranda warning. With impaired understanding, juveniles are at a comparative disadvantage and cannot meet adult performance standards. A disjuncture exists between legal expectations and developmental psychologists' research on adolescents' competence.
Keywords: juvenile interrogation, U.S. Supreme Court, youthfulness, vulnerability, confession, adult, waivers of right, Miranda warning, adult performance standards
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