""It kind of boggles my mind that we're talking about 'How do we get youth to speak?' We're basically saying, 'How do we get youth to not honor their rights?'" said Darya Larizadeh with the National Center for Youth Law, an organization based in Oakland."
""And we need to acknowledge that, especially in situations where there is a power differential, where it is high-stress situation. Children's brains operate differently, and we need to honor the science here," Larizadeh said."
"Under current California law, a minor cannot waive their Miranda Rights or speak with law enforcement unless they've consulted with an attorney."
San Jose Mayor Matt Mahan proposes allowing minors accused of crimes to waive Miranda rights without consulting an attorney, permitting an adult guardian to be present instead. The proposal would conflict with current California law and decades of court decisions that require attorney consultation before a minor can waive rights. The change is framed as a way to help police hold gang-involved youths accountable after recent gang-related incidents, including a Black Friday mall shooting. Critics note Miranda warnings require an eighth-grade reading level, stress the developmental differences in children’s brains, and warn against power differentials in high-stress interrogations.
Read at ABC7 San Francisco
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