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Ensuring Protection Of Juveniles' Rights: A Better Way Of Obtaining A Voluntary Miranda Waiver, Yekaterina Berkovich

St. John's Law Review

(Excerpt)

Part I provides background information about the evolution of judicial treatment of juveniles and the admissibility of confessions. Part II analyzes the different approaches applied by federal and state courts to determine whether a juvenile's waiver of rights was voluntary and examines the flaws in those approaches. Part III proposes a new approach to remedy the problems courts have faced with the existing approaches and to provide consistent outcomes at the federal level.