"Miranda" in a Juvenile Setting: A Child's Right to Silence

Abstract

Fourteen year old S.D. was arrested by police for the armed robbery of a local grocery store. Immediately after the arrest, he was taken to police headquarters and, after being read the Miranda warnings from the standard form, subjected to custodial interrogation. Within minutes, S.D. confessed to the robbery. The juvenile court judge permitted the arresting officer to testify as to the content of the juvenile's confession, finding that the police questioning was conducted in accordance with the highest standards of due process and fundamental fairness. Additionally, the judge found that the procedural requirements of Miranda were met. S.D. was adjudged delinquent upon a finding that he robbed the grocery store while brandishing a loaded .38 caliber revolver; this crime, if committed by an adult, would constitute first degree robbery. On appeal, S.D. contends that the confession should have been excluded from his delinquency hearing because he did not understand the Miranda warnings. He further asserts that the police officer merely read him the warnings from a standardized adult Miranda card and made no attempt to explain the warnings in language he could understand.