Interrogation of Juveniles

Abstract

It is common for juveniles’ rights to be limited and placed in the hands of others, such as their parents. This is because of the immaturity and relative incompetence of minors, compared to adults. However, in the context of the justice system, parents, in particular, may not be the best defenders of juvenile rights. This article draws on social science research to argue that, due to conflicts of interest, lack of knowledge, and poor relationships with their delinquent children, parents of juvenile delinquents are poor protectors of their children’s rights in the context of police interviews and interrogations. Other protections should instead be provided, such as requiring age to weigh heavily in favor of the juvenile when determining whether an interview is a custodial interrogation, and requiring the presence of an attorney at interrogations of juveniles.