SAN JOSE, Calif. — The National Center for Youth Law reports that San Jose Mayor Matt Mahan is seeking to roll back Senate Bill 203, a state law that requires youth to consult with legal counsel before waiving their Miranda rights, a move advocates warn would allow children to be questioned by police without an attorney present. SB 203 strengthened protections for children’s Fifth and Sixth Amendment rights and was designed to guard against unlawful imprisonment and coercive interrogations.
According to the National Center for Youth Law, youth lack the mental competency of adults to fully understand the consequences of their actions, and they often do not have the experience necessary to comprehend the language and implications of legal accusations.
The organization states that “young people are more likely than adults to be coerced into giving police false confessions,” adding that the pressure and confusion of police interrogations create an inherent imbalance that disadvantages children in custody…