Application of Miranda Rights with Minors
Question: Does Miranda apply in situations involving minors/juveniles?
Answer: Absolutely it does. A juvenile is still afforded the same protection that an adult would be. In addition, there are certain cases out of Florida which say that during the investigation of a juvenile by law enforcement, that after Miranda is read to a juvenile and the juvenile says, “I would like to speak to my parents before any questioning,” that maybe interpreted to be even a violation of Miranda if the law enforcement did not contact a juvenile’s parents before additional questions. It’s very hard to give a black and white answer to some, you know, does it apply? Doesn’t it apply? It’s sometimes the totality of the circumstances leading up to the confession or the acquiring of certain bits of evidence. So for example, if Miranda wasn’t read in its entirety or it was started and then stopped and then resumed, whether or not a juvenile 14, 15 years old could actually understand what is being read to them, I mean, that’s going to be ultimately a situation for a judge to determine. But yes, a juvenile is afforded the same constitutional protection as an adult would be when it comes to Miranda.
