A legal scenario, in search of an answer
August 7, 2008
Working at a business and legal paper, I find myself occasionally mulling over law hypotheticals. I do the same when I watch legal dramas on television. Unfortunately, I’m not a lawyer, so my curious interest rarely results in an answer.
Thankfully, I have all of you.
The case of Nicholas W. Browning, 16, has of course been on everyone’s minds recently, what with the judge deciding he’d be tried as an adult in the killings of his parents and two younger brothers. Then a couple days ago I happened upon an episode of Law & Order: SVU — an episode I’ve seen maybe a dozen times — where a foster mother waives Miranda for her foster child, a minor.
And that got me thinking about a third, combined scenario: Is it possible for a minor to have his or her Miranda rights waived by a parent or guardian, be tried later as an adult, and have the statements entered into evidence at trial? I’ve asked a couple lawyers I know, but the question doesn’t fall under their field of practice, and they don’t have a definite answer.
I know what the answer should be logically, but I also know enough to realize “logic” and “law” don’t always go hand-in-hand. So does anyone out there have an answer?
JOE BACCHUS, Web Specialist
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Why would you expect an answer to a question of this sort in a legal blog? I take it that you’re not a lawyer.
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It’ s important for us to have a debate about policies and issues here. But in the context of that discussion and debate I don’ t want gratuitous personal attacks. I’ m prompted to write this based on some of the comments to the recent Yelp posts.