A New York bill would ensure children know their rights when they are in police custody.
The Children’s Early Access to Counsel bill would make the right to speak with an attorney unwaivable for anyone under 18. Data show 90% of children waive that right when interrogated by police, mostly because they do not fully understand their Miranda rights.
José Pérez, program strategist for the Children’s Defense Fund of New York, said children under arrest may be frightened enough to say anything.
“A frightened 15- or 16-year-old can still be isolated, pressured and manipulated by the police officers,” Pérez contended. “Police officers, when trying to solve a case, are lawfully and legally allowed to lie to the suspects.”
Since the bill was first introduced several years ago, it has continued to draw positive feedback. Previous opposition came from lawmakers who said there was no need to alter current law because minors already are ensured their rights when in police custody.
The bill is being considered by the Senate Finance Committee.
Pérez pointed out there are misconceptions about the proposal. He acknowledged many people assume the protections already are in law, but only four states have laws requiring the right to silence and legal counsel for children.
While New York has age restrictions on things such as voting eligibility and purchasing tobacco or alcohol, Pérez argued the state does not apply the same standard when children are arrested.
“We don’t want them to do certain things that are not age-appropriate,” Pérez emphasized. “We just don’t want them to do it. But when they get in trouble, we treat them as if they’re the most mature adult ever. And young people don’t just become adults because they committed an act.”
Pérez stressed one way the state could build on the bill is by creating a Youth Justice Innovation Fund. It would use existing Raise the Age money for community organizations to provide services for people ages 12 to 25, including school support, employment and internships, and mental health counseling.
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