Why Juveniles Should Not Juveniles - 2051 Words

Introduction The question of whether or not juveniles have the knowledge or maturity to waive or exercise their rights comes to be very controversial in situations of juvenile interrogations. There is a discrepancy between whether juveniles should be responsible enough to exercise their rights or if they are immature, vulnerable, and all together incapable of understanding the rights they are granted. Many people believe that juveniles should have a parent present during interrogations to guide them through their rights while others believe that juveniles who commit crimes should be held equally as responsible for their actions as adults. What is Interrogation? Interrogation is when law enforcement authorities question witnesses or†¦show more content†¦This method is used exactly the same on both adult and juvenile offenders and it not adjusted to the fit the differences between them. PEACE is a form of investigative interview that is formulated to acquire information rather than gather a confession from a suspect. PACE required all interrogation conducted by police to be recorded. The differences between youths and adults is recognized by PACE and an adult is mandatory to be present during the interrogation of a juvenile. (Feld, 2013) Miranda Rights and the Fifth Amendment Miranda rights were developed after the case of Miranda v. Arizona. In this Supreme Court case Ernest Miranda was arrested on charges of rape and kidnapping. When taken into custody, Miranda was not informed of his rights by law enforcement officials. Miranda confessed to the crime he was charged with after an interrogation by police, but his lawyer claimed that Miranda, being an immigrant, was not aware of his rights and therefore was not aware of his right against self-incrimination grated to us in the Fifth Amendment (U.S. Const. amend. V). Following the case of Miranda v. Arizona, the government is required to notify individuals are their Fifth Amendment constitutional rights at the time of the arrest. (Miranda v Arizona, 1966, p. 903) The question presented in cases of juvenile interrogation is whether or not juveniles have the capacity to understand their Fifth