Question

Juveniles under 16 do not have the legal capacity to waive their Miranda rights.

a) True

b) False

Answer 1

Juveniles under 16 typically cannot legally waive their Miranda rights without the presence or consent of a guardian. This is in line with the U.S. Supreme Court decisions emphasizing the protection of juveniles under the Due Process Clause and the Miranda Warning procedural safeguards.

Step-by-step explanation:

The question of whether juveniles under 16 can legally waive their Miranda rights is complex. According to precedent and the principle of due process, especially decisions in landmark cases such as Miranda v.

In significant cases like In re Gault, the U.S. Supreme Court emphasized that juveniles are entitled to the protection of the Fourteenth Amendment's Due Process Clause.

The Miranda Warning itself, which must be read to suspects before interrogation to ensure that their Fifth Amendment rights are protected, is a critical procedural safeguard.

Consequently, the statement that juveniles under 16 cannot legally waive their Miranda rights without appropriate adult consent aligns with the principles established by the U.S. Supreme Court.

Answer 2

The statement is generally true. In the United States, Miranda rights refer to the rights that must be read to individuals in custody before they are interrogated by law enforcement.
The correct option is A) True.

Step-by-step explanation:

While there is no specific age mentioned in the Miranda rights themselves, the legal capacity to waive these rights is generally associated with an individual's understanding of the consequences of waiving them.

The Supreme Court case of In re Gault (1967) established that juveniles are entitled to many of the same due process rights as adults, including the right to be informed of their right to remain silent.

In summary, while the age may not be explicitly stated in the Miranda rights, there is a recognition that juveniles, especially those under 16, may lack the legal capacity to fully understand and waive these rights without the presence and guidance of a parent, guardian, or legal counsel.

Therefore, correct option is A) True.