Many of us grew up watching TV shows and movies where police officers would read someone their Miranda rights, “You have the right to remain silent…”, without ever thinking about the people in our communities who may have experienced that in real life, including kids. More than 50 years ago, the Supreme Court acknowledged that children cannot “navigate the justice system without the “guiding hand” of counsel, including when interrogated by law enforcement”. With everything we know about how kids’ brains work differently – affecting their decision-making, maturity, and emotional regulation – the importance of this statement has lingered. 

We know that kids need the consistent support and guidance from the positive adults in their lives as they grow and safely exert more of their independence. However, when a kid gets in trouble and the police are involved, there are no laws in Kentucky requiring them to speak with an attorney before waiving their Miranda rights. Speaking with an attorney is not to persuade a kid to seek legal representation or to encourage them to refuse to speak to the police, but to ensure their rights and the implications of their decisions are understood at an age-appropriate level. It’s also important to point out that Kentucky law does not require a parent to be present at any point, though some Police Departments do require officers to contact them. 

“Low-pressure questioning techniques” have long been used with kids who are victims of crime to mitigate any pressure they may feel to “placate” the people interviewing them, and now there is a growing body of research indicating that every kid is susceptible to these vulnerabilities. At a time when they are likely experiencing heightened stress or fear, there’s an erroneous assumption that every kid will understand their legal rights exactly as they were read to them. This means we’re expecting people who cannot sign contracts and need their parents permission to go on a class trip to make consequential legal decisions on their own. 

Every day, kids accept responsibility in court while being represented by attorneys who have advised them of their rights and explained the potential consequences for each decision made in the process. If we require kids who get in trouble to speak with an attorney before waiving their Miranda rights, we can ensure they have the support they need to make an informed decision about their future.