Can Police Question Kids Alone? More States are Saying "No"

When police read you your rights – the ones you've probably heard on TV, like “You have the right to remain silent” – it's scary enough. Imagine how it feels for a child. A 22-year-old, who we're not naming for safety reasons, first heard these words at just 12 years old. 

Caught for threatening a bully with a pocket knife, he faced police questioning without a call to his mom or a lawyer present. Like many kids, he didn't understand his rights and ended up talking without legal advice.

It turns out that nearly all kids do the same, with studies showing that about 90% of them give up their right to remain silent. Experts worry that kids and teens don't grasp the serious consequences of this choice.

Recognizing this problem, states like California, Maryland, New Jersey, and Washington have passed laws stopping police from questioning children until they've talked to a lawyer. Illinois and other states are looking to add similar protections.

Children's brains, especially the parts that handle impulses and decision-making, aren't fully mature until the mid-twenties. This makes it particularly unfair to question them like adults, says Hayley Cleary from Virginia Commonwealth University. Alone with police, kids are more likely to admit to things they didn't do or accept guilt without understanding the repercussions.

The stakes are high. Young people who get trapped in the legal system face tougher lives ahead, like struggling more to finish high school or ending up in jail as adults.

One young man, who's been in and out of detention since 13, knows this cycle too well. He hopes to break free from it, despite admitting it's become a part of his life.

Legal support can make a big difference. A nonprofit called the Legal Rights Center has been helping youths in Minneapolis, showing them how to stand up for their rights during police questions – a crucial skill when faced with trained interrogators.

Education also plays a role. The Legal Rights Center also teaches young people about their rights when dealing with police, highlighting how some states are shifting the responsibility to the system, not just the individual.

However, not everyone's on board. Some worry about delays in urgent cases due to waiting for lawyers for kids, but others argue that fair treatment will ultimately support justice.

For many, it's about empathy – not wanting any child to face questioning alone, especially in scary and confusing situations.

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