NCJ Number
144206
Journal
Canadian Journal of Criminology Volume: 35 Issue: 3 Dated: (July 1993) Pages: 309-322
Date Published
1993
Length
14 pages
Annotation
This study investigated the ability of young people in Ontario, Canada, to understand their rights and the tendency to waive those rights in the context of criminal proceedings.
Abstract
Subjects included 113 students in grades 6, 8, 10, and 12 who were enrolled in public and Catholic schools. The number of males and females in each grade was approximately equal, and no subject had a police record. In interviews conducted individually by two adult women, students were asked to imagine that the police suspected them of shoplifting. Half of the subjects were asked to assume they were guilty of the crime, while the other half were asked to assume they were innocent. Students were shown the standard waiver form and asked whether they would sign the form and why. They were also asked why they thought another young person might make the opposite decision and what they thought would occur after a young person signed the waiver or refused to sign. Although more than two-thirds of the students said they would not sign the waiver, few subjects fully understood their rights and the implications of waiving or not waiving those rights. The number of individuals who agreed to waive their rights appeared to depend on the particular circumstances. Subjects who understood that signing the waiver meant they would not be able to have someone with them were less likely to sign. Few subjects fully appreciated that having a lawyer present might protect them during police questioning. The authors conclude that juveniles must adequately understand their rights before they can be considered competent to waive them. 15 references, 1 note, and 3 tables