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Confessions vulnerability of juveniles to proposal

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CONFESSIONS Vulnerability of Juveniles to proposal, along with their adolescent thoughts of action, raises considerable doubt as to their capability to recognize and utilize their Fifth Amendment right for their self-defense. Moreover, they are very susceptible to over incriminate themselves in crimes or, even more regrettable for all involved, admitting the crimes they did not even commit. To safeguard the interests and rights of juveniles, the states must pass several rules and laws. For instance, that courts which at present use a totality of the state of affairs test to establish whether a confession by juvenile is voluntary and thus should not be a violation of the Fifth Amendment, must discard it in favor of a less supple per se rule. In addition, states need to make the Miranda warning straightforward, into language more beneficial to comprehension of juveniles. Interrogators need to stop using similar interrogation strategies,
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3 such as the presentation of fake evidence and leading questions, on juveniles as they do on adults to increase the trustworthiness of confessions and avert false confessions on the whole (Lisa M. Krzewinski). THE IV AMENDMENT The IV amendment to the United States Constitution provides security to the citizens against any unreasonable searches or seizures by any of the investigating agencies. Any search cannot take place without a search warrant issued with a probable cause (Hanley, 1981). However the application of this amendment always creates doubt when it comes to juveniles.
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  • Winter '12
  • Baluja
  • Fifth Amendment to the United States Constitution, Miranda v. Arizona, Miranda warning, Arrest, Right to silence

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