Missing the Mark: How Miranda Fails to Consider a Minor’s Mind

Certain members of society are more vulnerable and require more protection than others; minors are but one example. Society recognizes the unique position of children and adolescents in other areas of law and investigatory procedures. That same recognition should be extended to custodial interrogations of minors charged with acts of juvenile delinquency so that appropriate protections may be implemented. A two-tiered solution can adequately safeguard the rights of minors: amend 18 U.S.C. § 5033 to require minors to consult with an attorney before waiving their Miranda rights and prohibit the use of deception by law enforcement when interrogating minors.