To Waive or Not to Waive
To Waive or Not to Waive
That Is the Question
This chapter examines juveniles' exercise of Miranda rights—whether they make a knowing, intelligent, and voluntary waiver by analyzing interrogations of 307 youths. It investigates how and when police administer Miranda warnings, where and when they question suspects, who is present at the interrogation, and how police predispose youths to waive. Developmental psychologists report that most sixteen and seventeen-year-olds can understand the words of a Miranda warning, even if they do not fully understand the concepts or appreciate the consequences of waiving. Additionally, the chapter explores how justice personnel perceive the relative competence of older adolescents, young adults, and younger offenders to exercise Miranda rights, and analyzes how youths who waive their rights differ from those who invoke them.
Keywords: juveniles, Miranda rights, waiver, police, interrogation, older adolescents, young adults, invoke
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