How you doing sir?
Good how are you?
Good good.
Miranda rights were written to protect key constitutional rights.
The right against self-incrimination, the right to an attorney
You have the right to remain silent.
But when a person doesn't understand those rights,
the rights have no meaning.
Nowhere is this more evident
than with children and youth in the custody of law enforcement.
Do you understand?
Yes.
He has a big heart. He was a sweet little boy,
that said he would grow up to be a police officer one day.
As far as I knew, my son was at school.
So when I get a call from the station
letting me know that my son was at the station,
it kind of blew me away
because I didn't understand why he was even there.
In California, the police can take a child out of school
without letting the parents know,
and even if the child is asking for a parent
the police can decide not to contact the parent.
Youth have the same constitutional rights during interrogations as adults do.
The difference is, is that for many young people,
these are like words without meaning.
Just "oh you have the right to remain silent,"
"anything you say or will —will be held against you in the court of law,"
okay what does that mean? What does a 13 year old know of what that means?
It's not that all children don't understand their rights,
they have less capacity to understand their rights.
They need help and guidance.
Young people may be scared to say they want a lawyer
because they're being asked tough questions by an officer
who they see as a figure of authority, as an adult
who they've been taught to respect.
Right now you're just a big fucking liar. A big, cold-blooded killer.
Like I told you...How do you want, how are we gonna play this?
You gonna tell me the truth?
The decision about whether or not to give up your Miranda rights
is a life-altering decision.
When a child decides to speak to the police,
he's essentially exposing himself to being interrogated.
The police can use psychologically coercive techniques with children.
They can tell a child that they have evidence against them
even if they don't.
You know your mom was just telling me about your three sisters.
You know, she's telling me about your dad, how he's schizophrenic and...
she was telling me about your problems.
[Crying]
While he was being interrogated they threatened him a lot.
They said a lot of mean hurtful things about his father.
We have found when young people are scared,
they are alone, they don't understand the process,
they're much more prone to make things up.
To say anything that they think will have the process end,
or to have them go home.
That night while he was being interrogated,
they briefly allowed me to see my son.
How are you junior?
I'm gonna be straight up with you, I wasn't there.
They told me that if I don't say that I did it
that they were gonna tell the judge
that I'm a cold-blooded killer and I'm gonna get more time.
So you said you did it?
Yeah because they told me...they forced me to.
I think it's important for the process for anyone, any child, under the age of 18
to be explained what their rights are what Miranda Rights are.
If passed, SB 1052 would ensure that youth under the age of 18,
would talk to an attorney to make sure that they understand their rights.
To have a brief consultation with an attorney
so that they understand when they are waiving their rights.
I think does not impede the process of an investigation.
All this bill does is require police officers and courts
to recognize that the person that they are interrogating
is fundamentally different than adults are.