We have our Miranda rights for a reason. They are supposed to protect us from self-incrimination and coercion by state forces. That is why the law deems any confession or statement you made during interrogation without your rights read as inadmissible.
The dangers of admitting to a crime you did not commit are all too real. The Innocence Project documents that one of the leading causes of wrongful convictions is a false confession and that 25% of overturned wrongful convictions were because of false confessions.
So why should we allow our children to endure an ordeal that even adults often struggle with? Evidence suggests that some adults who endured an interrogation lasting more than 16 hours gave a false confession. A minor who has not fully developed their mental faculties has no chance against an officer trained to extract a confession, even if it is untrue.
How do you protect your child against such danger?
Train your child to assert their Miranda rights
The Supreme Court recently held that citizens cannot sue authorities who fail to inform them of their Miranda rights. The only protection the law affords is to make the statement or confession gained during such circumstances inadmissible in court. However, even with that protection, many extracted false confessions still fall through the cracks. Moreover, many juries convict based on that single piece of confession.
Only by training your child to assert their rights stringently can you help them avoid such a fate. Educate them about the importance of insisting on having you or a lawyer present during any questioning. Show them examples of minors who received convictions and even death sentences due to the violation of this essential right.
State remedies against this danger
Some states have enacted laws to ensure a guardian or lawyer is present to advocate for children during interrogations. Unfortunately, Seattle is not one of these places. One way to protect your child is to teach them to assert their Miranda rights.
However, authorities may still manipulate or coerce your child to waive these rights, especially if they have a mental disability or are on the autism spectrum. When authorities charge your child with a crime based on a confession obtained without a lawyer or your presence, consider seeking immediate legal help.