Much of the state budget chatter this session with regard to New York’s criminal justice infrastructure has revolved around bail reform and discovery. But some lawmakers in Albany are hoping that other efforts to address the city and state’s criminal justice system — such as strengthening Miranda rights and codifying rights to counsel for children under 18 prior to police questioning and interrogation — don’t get put on the back burner.
If passed, the #Right2RemainSilent Act, sponsored by Bronx politicos state Sen. Jamaal Bailey and Assemblymember Latoya Joyner, would require the state to provide young New Yorkers in custody with prompt access to an attorney both over the phone and in person.
Miranda rights — the legal rights that a person must be informed of before police questioning and interrogation — are enshrined in the Fifth Amendment and ever present in police procedural TV shows.
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
But advocates for the bill say those rights are often misunderstood, especially by young individuals under police custody.
More than 50 years after the Supreme Court ruled in Miranda v. Arizona that the Fifth Amendment requires police to inform people in custody of their rights, the promise of the decision, according to some, remains largely unrealized.
Research by Miranda Rights Comprehension Instruments suggests that 94% of justice-involved youth ages 12 to 19 fail to fully appreciate the function of Miranda rights, and thus become susceptible to false statements that further incriminate them.
“There’s the Miranda rights that kids know and hear on TV, but they don’t know what it means when they actually encounter a police officer,” said Joyner, who represents the Concourse and Highbridge sections in the 77th District. “Am I in custody? Am I…
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