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Juveniles, Miranda, and W&I 625: Ending the Confusion

NCJ Number
Law Enforcement Quarterly Volume: 27 Issue: 2 Dated: Winter 1998-99 Pages: 31-33
M Martins
Date Published
3 pages
The California Legislature has amended Section 625 of the Welfare and Institutions (W&I) Code to add a paragraph requiring police officers who take minors into custody to advise them of their constitutional rights and certain other enumerated rights mentioned in the statute.
According to W&I 625, police officers must advise minors anything they say can be used against them and must advise them of their constitutional rights, including the right to remain silent, the right to have counsel present during interrogation, and the right to have counsel appointed. Provisions of W&I 625 are analyzed in the context of Miranda, and the author notes that W&I 625 does not contain any requirement to ask juveniles if they understand the W&I 625 admonishments. Because the author believes W&I 625 is a poorly worded statute, he offers guidance on what police departments should do in the way of policy formulation and actual practice to deal constitutionally with juvenile offenders. 2 photographs