“I Have No Business Talking to the Police”: A Qualitative Exploration of Youth Miranda Waiver Decisions

Once a youth waives their Miranda rights and agrees to talk to police, they increase their risk of a myriad of negative short‐ and long‐term outcomes. Given that a vast majority (over 90%) of interrogated youth waive their rights, it is important to examine their perspectives on waiver decision making. Participants (n = 82) between 13 and 17 years old listened to a vignette in which they imagined they were in police custody and explained how they would respond and why, both when imagining they were guilty and innocent. Responses were coded using framework analysis, revealing that although most guilty and innocent participants believed they would assert their rights, more would waive when innocent than when guilty. Most participants, guilty and innocent, voiced a desire for guidance from an authority figure. Some also expressed beliefs around potential benefits of talking to police officers, and a few identified police officers as potentially harmful. Patterns emerged regarding differences in responses based on race and gender identity, in which minoritized groups expressed more distrust in the legal system. Results underscore the importance of ensuring that youth are provided with legal support during interrogation, which can guide policy reform.