re: We need to band together and Riot for Steven Avery

quote:

---

not what happened

---

quote:

---

Yes it is. If Dassey was talking to a cop, he had waived his right to remain silent

---

quote:

---

The same rules apply when the situation involves the questioning of minors. The Supreme Court recently expanded on those rules, however, when it decided that the police must take a person's age into account when determining whether the circumstances of a case merit a Miranda notification.

The case the Court ruled upon involved a 13 year-old boy whom the police suspected of involvement with two burglaries. A police officer went to his school, removed him from class and placed him in a conference room with the door closed and two school administrators present. The officer did not give the boy a Miranda warning or inform him that he could leave the room at any time prior to beginning the questioning. After the boy admitted to participation in the burglaries, however, the officer told the boy that he could refuse to answer questions and leave whenever he wanted. The boy stayed and provided further detail about the crimes.

The Supreme Court held that the trial judge improperly denied the boy's request to throw out the statements he made to police because he did not receive the proper Miranda notification. The Court recognized the fact that, because of their relative immaturity and lack of experience, children "cannot be viewed simply as miniature adults".

Since minors' comprehension of their situation differs from that of adults, the Court reasoned, their understanding of when a questioning constitutes custody will also differ. Minors may experience more acquiescence to authority, and so may require Miranda notifications in situations that would not trigger the Miranda requirement for adults.

---