The Role of the Parent/Guardian in Juvenile Custodial Interrogations: Friend or Foe'

36 Pages Posted: 28 Nov 2007

See all articles by Hillary B. Farber

Hillary B. Farber

University of Massachusetts School of Law at Dartmouth

Abstract

This Article is about the role the judiciary, legislatures, and law enforcement expect and encourage parents and guardians to play, as third-party advisors to juvenile suspects both prior to and during custodial interrogations. The Article examines the assumptions supporting the presence of parents at juvenile interrogations and reveals the inadequacies of assigning either a parent or guardian as the sole protector of this critical right. The expectation is that parental presence will provide juveniles with additional protections in the face of state interrogation, but data regarding parental attitudes toward a child's right to withhold information from the police, statistics concerning adult comprehension of Miranda requirements, and potential conflicts of interest challenge the assumption that parents can adequately advise juveniles regarding the waiver of their right against self-incrimination.

Keywords: juvenile, Miranda, interrogation, due process, fifth amendment

Suggested Citation

Farber, Hillary B., The Role of the Parent/Guardian in Juvenile Custodial Interrogations: Friend or Foe'. American Criminal Law Review, Vol. 41, No. 3, 2004, Available at SSRN: https://ssrn.com/abstract=1032941

Hillary B. Farber (Contact Author)

University of Massachusetts School of Law at Dartmouth ( email )

333 Faunce Corner Road
North Dartmouth, MA 02747-1252
United States
508-985-1140 (Phone)

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