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

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