CACJ’s Co-Sponsored SB-1052 Custodial interrogation: juveniles, by Senators Lara and Mitchell, was recently featured in the Chronicle of Social Change. SB 1052 adds section 625.6 to the Welfare and Institutions Code to require that juveniles have access to legal counsel before waiving their Miranda rights during a custodial interrogation. “You don’t let a 10-year-old make any legal decision, let alone one with potentially enormous consequences in waiving a constitutional right,” said Erwin Chemerinsky, Dean of the UC Irvine School of Law, regarding the Joseph H. case that sparked the need for this legislation. Justice Goodwin Liu, in his dissenting opinion stated that the case, “raises an important legal issue that likely affects hundreds of children each year: whether and, if so, how the concept of a voluntary, knowing, and intelligent Miranda waiver can be meaningfully applied to a child as young as 10 years old.” He also wrote that the “Legislature may wish to take up this issue in light of this court’s decision not to do so here.”
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