Reminding Utah Teenagers of Their Right to Remain Silent

The right to remain silent is not reserved solely for adults, and it may be wise to remind the youth in Utah that they are also granted this same protection.

The Fifth Amendment and the right to remain silent

According to the Fifth Amendment to the Constitution of the United States, “No person ( . . . ) shall be compelled in any criminal case to be a witness against himself ( . . . )”. The U.S. Supreme court realized back in the late sixties that ALL citizens ought to be reminded of their constitutional right to remain silent to avoid self-incrimination in the event that they are ever arrested. Thus was the beginning of the Miranda rights or Miranda warning that must be recited to citizens upon an arrest in order for any statements of the arrestee to be used in court.

Intimidation from adults and law enforcement

When a teen is caught in situations where illegal activity is taking place, they may feel intimated when an adult or law enforcement officer confronts them. This pressure to do whatever is asked of them often skyrockets when the Miranda Warning is recited. Unfortunately, this warning meant to protect those facing charges is usually not portrayed in movies and TV as a benefit to those arrested, but instead as the final act before a person is deemed guilty and whisked away in handcuffs. The fear from being in that situation and having their Miranda Rights read to them may result in a teen saying too much and offering information that is self-incriminating. Although youth should be respectful to those who have authority over them such as teachers and police officers, they can be respectful while still protecting their right to remain silent until represented by counsel.

Silent does not mean guilty

Utah teenagers may be under the impression that if they choose not to speak when asked questions regarding a crime, they may get it trouble or have their silence seen as a sign of guilt. If not speaking entirely is uncomfortable for the youth, they can politely state that their family’s attorney has advised them to exercise their right to remain silent if they are ever accused of a crime. To further reduce the stress of the situation, the teen and their family should be prepared with the contact number of a trusted attorney that can handle juvenile cases. For more information on constitutional rights or how to prepare a teen should in the event that they are ever faced with criminal charges, contact a reputable juvenile defense attorney.