Mitigating “The Coercive Effect of the Schoolhouse Setting”

Abstract

This article discusses Miranda rights in relation to police interrogation of juveniles in schools. Part I argues that, under the standard recently announced by the Supreme Court in J.D.B.—the “Reasonable Child Test”—all schoolhouse interrogations should require Miranda warnings because no reasonable minor would feel free to leave an interrogation conducted at school. Schoolhouse interrogations have a higher risk of coercion due to the regimented nature of schools and the likelihood that parents will not be present. Further, Part II encourages state legislators to propose legislation requiring that minors have the advice of counsel prior to waiving Miranda rights. Such a law would avoid rash waivers of rights by minors who misunderstand the usefulness of Miranda rights, and ensure that when minors make statements to police at school, those statements will be admissible in later court proceedings.