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Potential Impact of Juvenile Suspects’ Linguistic Abilities on miranda Understanding and Appreciation
Book chapter

Potential Impact of Juvenile Suspects’ Linguistic Abilities on miranda Understanding and Appreciation

Christina L. Riggs Romaine, Naomi E. S Goldstein, Heather Zelle and Sharon Messenheimer
The Oxford Handbook of Language and Law
08 Mar 2012
DOI: https://doi.org/10.1093/oxfordhb/9780199572120.013.0022

Abstract

comprehension custodial interrogations developmental immaturity Forensic Linguistics juvenile suspects linguistic abilities mental illness Miranda warnings rights voluntariness waiver
In Miranda v Arizona, the US Supreme Court established procedural safeguards for custodial interrogations that also serve as a rule of admissibility if the prosecution wants to use a suspect's statements as evidence at trial. The Miranda Court also held that suspects may waive their rights, but in order for a waiver to be considered valid, it must have been made knowingly, intelligently, and voluntarily. The voluntariness requirement, primarily, refers to the absence of police coercion in securing a Miranda waiver. This article focuses on the potential impact of juvenile suspects' linguistic abilities on Miranda understanding and appreciation. It discusses the effect of age on juveniles' Miranda comprehension, education and juvenile justice, youths' linguistic abilities, and administration and language of the Miranda warnings. The article concludes by considering the effect of developmental immaturity or mental illness on a juvenile suspect's ability to comprehend the basic meaning of the rights or the significance of waiving them.

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