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21 N.Y.U. J. Legis. & Pub. Pol'y 1 (2018-2019)
Waving Good-Bye to Waiver: A Developmental Argument against Youths' Waiver of Miranda Rights

handle is hein.journals/nyulpp21 and id is 7 raw text is: WAVING GOOD-BYE TO WAIVER: A DEVELOPMENTAL ARGUMENT AGAINST YOUTHS' WAIVER OF MIRANDA RIGHTSt Naomi E. S. Goldstein, Ph.D.*, Emily Haney-Caron, M.S., J.D.**, Marsha Levick, J.D.***, & Danielle Whiteman, J.D.**** INTRODUCTION .............................................. 3 I. EVOLUTION OF MIRANDA's KNOWING, INTELLIGENT, AND VOLUNTARY TEST .................. ............9 A. The Historical Importance of the Right to Remain Silent .................................... 9 B. Due Process Voluntariness Before Miranda ....... .10 C. Miranda's Knowing, Intelligent, and Voluntary Test ..................................... 11 D. Determining Voluntariness of Juvenile Confessions ............................... 13 II. THE ADOLESCENT BRAIN AND BEHAVIOR: ASSOCIATIONS WITH MIRANDA WAIVER CAPACITIES ... 17 A. The Links Between Adolescent Brain Development and Behavior .............................. 18 1. Development of Brain Regions Implicated in Cognitive Functioning .................... 18 2. Development of Brain Regions Implicated in Emotions ... .......................... 21 t The authors would like to thank all of the JLC interns who provided research assistance in this project, including Elisa Egonu, Dina Sarver, and Emily Steiner. A special thanks to Professor Kim Taylor-Thompson at N.Y.U. School of Law for su- pervising the thesis paper that provided some initial content for this article. The au- thors' names are listed alphabetically. * Professor of Psychology, Co-Director of the J.D./Ph.D. Program in Law and Psychology, Thomas R. Kline School of Law and College of Arts and Sciences, Drexel University; Stoneleigh Foundation Fellow. ** Ph.D. Candidate, Department of Psychology, College of Arts and Sciences, Drexel University; Ph.D. expected 2018. *** Deputy Director and Chief Counsel, Juvenile Law Center. **** Zubrow Fellow, Juvenile Law Center; J.D., New York University School of Law, 2016. 1 Imaged with Permission of N.Y.U. Journal of Legislation and Public Policy

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