Thirteenth birthday a cutoff between automatic lawyer and Miranda rights

Criminal Procedure

By Timothy P. O’Neill

Timothy P. O’Neill is the Edward T. and Noble W. Lee Chair in Constitutional Law for 2014-15 at The John Marshall Law School in Chicago. Readers are invited to visit his Web log and archives at jmls.edu/oneill.

Posted January 4, 2016 2:45 PM

Close, as they say, only counts in horseshoes and hand grenades. In law, the difference between being covered by a doctrine and merely being “close” can be enormous.Take, for example, the Illinois policy on custodial interrogation of juveniles in cases involving homicide or serious sexual assault.The Juvenile Court Act provides that a minor who is under 13 at the time of the commission of such an act must be represented by counsel during the entire custodial interrogation. 705 ILCS 405/5-170(a). Thus, Miranda …

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