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Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

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June 13, 2016
Judge Tom
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Criminal rights celebrate 50 years of “Miranda” warnings

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Ernesto Miranda

It was on June 13, 1966 that the Supreme Court decided that criminal defendants have certain rights when in police custody. Before the  5-4 Miranda decision, suspects could be held for questioning for hours or days without an attorney present or being told that they had a right under the Fifth Amendment to remain silent.

You can read about Ernesto Miranda, the 22-year-old in Phoenix, Arizona who was arrested for assaulting a teenage girl here. His case led to a major change in police interrogations of suspects in custody. Before any questioning, all suspects in custody are to be told that:

  • you have a right to remain silent
  • anything you say can be used against you
  • you have a right to a lawyer before answering any questions
  • if you cannot afford a lawyer, one will be appointed to represent you

The Miranda warnings were extended to juveniles the next year in a separate case. In re Gault (1967) involved a fifteen year-old boy in Globe, Arizona who made a prank telephone call in 1964. At the time, juveniles had few legal rights. They were considered the property of their parents. Gerald Gault was arrested, prosecuted and sent to the state’s school for boys until age twenty-one. The Supreme Court ruled 8-1 that minors enjoy the same rights as adults when charged with a crime. In the Court’s opinion, it was stated that “neither the Fourteenth Amendment nor the Bill of Rights is for adults alone.” Gault’s adjudication as a delinquent was reversed.

 Take a look at this short article with additional information about the Miranda warnings and its application.
Photo via PBS.org
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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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