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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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 warning, Arrest, Right to silence
