Page 43 - Juvenile Practice is not Child's Play

• Did you sign something?

• Did you ask them to see your parents and/or a lawyer? If yes, what did they say?
• Do you remember who was there? Was a person called the prosecutor, state attorney, district attorney, or
DA there too? Do you remember the people’s names? (The DA may have been addressed by their first or

last name).
• Did they show you anything or tell you about any witnesses?
• Did they tell you anyone had accused you and/or confessed?
• Was there anyone with you at the time of the incident or did the police say there was?

• Was the interrogation tape-recorded and/or videotaped?
• Did you take a lie detector test?
o Was the statement handwritten or typed? Who typed it? (Be wary of a typed statement).

o Did the police officer tell you to add anything or change anything?

Discuss the situation thoroughly with your client to ascertain that their confession was the entire truth. Research
40
demonstrates that children often do not understand their Miranda rights. You should attempt to suppress invalid
admissions and consider demanding that a forensic clinician investigate the validity of your client’s waiver of Miranda
41
rights. Written statements while a child is in custody require the child to be taken before a magistrate. TFC § 51.095.

If your child has a learning disability, and/or their reading and oral comprehension level are far below the current grade
level, you may be able to convince the judge or jurors that they did not fully understand their Miranda rights. One of
your client’s teachers could testify in order to elaborate on their frequent inability to comprehend what is said in class.

The child may have claimed to understand their Miranda rights because they did not want people to think of them as
“stupid”, or may have been confused, scared, or intimidated. Please refer to this handbook’s section Developmental
Disabilities on special education remedies for additional information.

Some youth thank that they will be immediately released if they tell the police officers what they want to hear. This
misconception leads certain youth to admit guilt for crimes they did not commit, or to take all of the blame for crimes
they committed with the help of one or more accomplices. Parents also often hold these misconceptions. Make sure
that the parents don’t work at cross-purposes with you and your client by pushing their child to confess.

40 See, e.g., THOMAS GRISSO, ASSESSING UNDERSTANDING AND APPRECIATION OF MIRANDA RIGHTS (1998).
41 See MARC J. ACKERMAN, ESSENTIALS OF FORENSIC PSYCHOLOGICAL ASSESSMENT 170 (John Wiley & Sons 1999).