Abstract
Currently there are two approaches to determining whether youth act voluntarily to waive Miranda rights or confess to crimes, per se rules and totality tests. As they are applied, neither approach is fully adequate. Per se rules can cripple legitimate law enforcement efforts to interrogate youth by demanding that third parties become involved. Also, there is no guarantee that those who are present on behalf of youth, especially parents, will act in the best interest of youth. Moreover, some youth simply are as capable as adults of voluntarily both waiving Miranda rights and confessing to crimes, and per se rules illegitimately protect these youth in order to safeguard their less-developed peers.
Recommended Citation
Booher, Troy L.
(2001)
"Youth Interrogations and the Utah Constitution,"
Utah Law Review: Vol. 2001:
No.
3, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol2001/iss3/5