How can we make Miranda warnings more youth-friendly and racially equitable?

What is it about?

Research has consistently shown that youth, simply due to their young age, lack the skills necessary to understand what it means to waive their Miranda rights and agree to talk to police officers. Furthermore, the disparate treatment of youth of color—especially Black youth—in the juvenile legal system is well documented. Recent scholars have begun to examine how youthfulness and racial bias compound to create additional disadvantages for youth of color, but proposed juvenile legal system policy reforms often fail to account for the impact of age and racial identity together and therefore may not protect youth as intended. This article analyzes these proposed forms, identifies their limitations, and offers specific recommendations about how to improve them using a developmental science and racial equity lens. It also serves as a call to action for researchers, legal actors, and policy makers to consider the impact of racial bias more critically in all aspects of their work.

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Photo by Matt Popovich on Unsplash

Photo by Matt Popovich on Unsplash

Why is it important?

Due to systemic biases of the legal and educational systems in the United States, youth of color are among the most susceptible to being subjected to unjust police interactions, including questioning. The challenges associated with decision making during adolescence, couple with racial bias, create substantial pressure for youth to waive their Miranda rights and talk to police, a decision that can result in a myriad of negative long-term consequences. Enacting policies that offer protections for youth during the Miranda warning process can contribute towards reducing the inequitable and devastating impact of legal system involvement on the lives of youth of color.