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QUESTION

Are We Moving Towards Providing Minors with Lawyers During Interrogations?

1:11:48

·

161 sec

Council Member Althea Stevens inquires about other states' policies of prohibiting interrogations with minors without legal assistance and questions why NYC isn't moving in that direction. The NYPD representative acknowledges the policy differences but notes that a higher percentage of juveniles than adults invoke their Miranda rights. Approximately 35% of juveniles and 27% of adults do so. The discussion also touches on the importance of ensuring both parental and legal representation during interrogations to protect the rights of young people.

Althea Stevens
1:11:48
So are you aware that in California, Hawaii, Maryland, and Washington are all states that prohibit interrogations with minors without providing them with the lawyer or assisting them with during their right to remain silent?
Josh Levin
1:12:01
So I would have to I was trying to do some research on that.
1:12:04
I'd have to take your word on that.
1:12:05
I do know that some states haven't deep done that.
Althea Stevens
1:12:07
And and do do you think do you under understand why we're not moving in that direction, especially if we are not even at this point.
1:12:14
I know you said you're keeping track of it, but we don't have the information.
1:12:17
Show that young people.
Josh Levin
1:12:20
So I don't
Althea Stevens
1:12:20
I'm just saying just trying to make the comparison where, like, because we you're keeping track of it, but you're not able to pull the date around these young people, but it sounds like maybe we should be moving in a direction where we're having Laura's present.
1:12:29
Go ahead.
Josh Levin
1:12:30
Yeah.
1:12:30
Thank you.
1:12:30
I can tell you this.
1:12:33
A higher percentage of juveniles invoke Miranda or the right to counsel than when you compare it to adults.
1:12:43
And so at least according to the numbers, I have Do
Althea Stevens
1:12:46
you have that percentage?
Josh Levin
1:12:48
Yes.
1:12:58
Oh, I'm sorry.
1:12:59
Hold on one second.
1:13:07
Okay.
1:13:08
Approximately 35% of juveniles.
1:13:11
This is just 23.
1:13:12
This is just 2023.
1:13:13
Mhmm.
1:13:14
Approximately 35% of juveniles invoke whether it be silence or counsel.
Nadia Gutarova
1:13:18
Mhmm.
Josh Levin
1:13:19
And approximately 27% of adults, in other words, eighteen years or older, invoked.
1:13:25
So this is something I flagged because I thought it was interesting that more juveniles actually invoked than adults.
1:13:31
So we take these things very seriously as the chief said.
1:13:33
We want the and the Guardian to be there.
1:13:35
We may very we wait hours sometimes for them to show up.
1:13:39
And in regards to the other thing you said, why we're not doing that?
1:13:42
I can't comment on there's a state bill pending or or has I I can't comment on what its statuses or why it's moving or why it's not moving.
1:13:50
I I don't know.
Vickie Paladino
1:13:51
Okay.
Althea Stevens
1:13:51
Yeah.
1:13:52
I mean, even when we're looking at 35% of young people invoking, I'm happy.
1:13:55
Some of them are, but that's still a lot.
1:13:57
Right?
1:13:57
And and just understanding that when young people are there, them not invoking to me is it doesn't sit well with me in the sense that a young person could be easily intimidated and say what they need to say.
1:14:11
I mean, we know this.
1:14:12
And so I think even as as we're moving forward, how are we making sure that young people are protected in this way?
1:14:17
And thinking about how we are making sure not only our parents present, but lawyers are present because even parents can sometimes not understand some of the process sees and say some things.
1:14:26
And so thank you for your time, and thank you for your time.
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