These Words May Not Mean What You Think They Mean: Toward a Modern Understanding of Children and Miranda Waivers

36 Pages Posted: 22 Oct 2019

Date Written: May 19, 2018

Abstract

This article discusses the history of Miranda waiver standards and cases interpreting those standards as applied to children (including a discussion of the recent Slender Man case and the "Making a Murder" conviction involving Brendan Dassey). The article explores efforts on the state level to establish more protective standards for minors facing police interrogations and also takes a comparative look at international efforts to enhance children’s rights during custodial interrogations. Finally, the article offers proposed best practices that acknowledge the vulnerable position of minors in custodial interrogations while also allowing law enforcement to pursue reliable evidence of guilt.

Keywords: Criminal Law, Criminal Procedure, Miranda, Juveniles, Children's Rights, Criminal Justice

Suggested Citation

Mack, Raneta Lawson, These Words May Not Mean What You Think They Mean: Toward a Modern Understanding of Children and Miranda Waivers (May 19, 2018). Boston University Public Interest Law Journal, Vol. 27, No. 258, 2018. Available at SSRN: https://ssrn.com/abstract=3456969

Raneta Lawson Mack (Contact Author)

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-5582 (Phone)

HOME PAGE: http://law.creighton.edu/faculty-directory-profile/617/raneta-mack

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