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File #: 2020-0253    Version:
Type: Ordinance Status: Passed
File created: 7/21/2020 In control: Law and Justice Committee
On agenda: Final action: 8/18/2020
Enactment date: Enactment #: 19148
Title: AN ORDINANCE prohibiting law enforcement personnel from questioning, except in limited circumstances, persons under the age of eighteen when Miranda rights are administered and prohibiting law enforcement personnel from requesting permission from a person under the age of eighteen to conduct a search of the person or property, abodes or vehicles under that persons control unless legal counsel is provided for that person; and adding a new chapter to K.C.C. Title 2.
Sponsors: Girmay Zahilay, Jeanne Kohl-Welles, Rod Dembowski, Claudia Balducci
Indexes: Juvenile, Law Enforcement
Attachments: 1. Ordinance 19148, 2. 2020-0253 Amd Zahilay tech corrections bar, 3. 2020-0253 Amd Lambert Def Imminent Threat Aug 17 barkhm V3, 4. 2020-0253 Amd Dembowski reporting_final, 5. 2020-0253_SR_Youth_Rights_nb (002).docx, 6. 2020-0253_ATT_2_Juvenile Miranda.pdf, 7. 2020-0253_ATT_3_DPD_Summary.pdf, 8. 2020-0253__ATT_4_PAO_KCSO_Seattle_final.docx, 9. 2020-0253 Ambrose.pdf, 10. 2020-0253 Frantz.pdf, 11. 2020-0253 Ltr from Patti Lee_7.20.20.pdf, 12. 2020-0253 Sanders.pdf, 13. 2020-0253 Thai.pdf, 14. 2020-0253 Webber.pdf, 15. 2020-0253 Yeannakis.pdf, 16. 2020-0253 Youth Rights Ordinance Community Support letter_final.pdf, 17. Boudin Letter of Support for Jeff Adachi Youth Rights Ordinance.pdf, 18. Chris and Bill Marks 2020-0253.pdf, 19. Gabriel Molinaro 2020-0253.pdf, 20. Lyn Judge 2020-0253.pdf, 21. Paul Holland 2020-0253.pdf, 22. Susie Marks 2020-0253.pdf, 23. Urban League of Seattle 2020-0253.pdf, 24. 2020-0253_DPD PPT.pptx
Staff: Giambattista, Jenny
Drafter
Clerk 08/19/2020
Title
AN ORDINANCE prohibiting law enforcement personnel from questioning, except in limited circumstances, persons under the age of eighteen when Miranda rights are administered and prohibiting law enforcement personnel from requesting permission from a person under the age of eighteen to conduct a search of the person or property, abodes or vehicles under that persons control unless legal counsel is provided for that person; and adding a new chapter to K.C.C. Title 2.
Body
STATEMENT OF FACTS:
1. Developmental and neurological science concludes that the process of cognitive brain development continues into adulthood and that the human brain undergoes "dynamic changes throughout adolescence and well into young adulthood." Regarding this, see Richard J. Bonnie, et al., Reforming Juvenile Justice: A Developmental Approach, National Research Council (2013), p. 96 and Ch. 4.
2. As recognized by the United States Supreme Court in J.D.B. v. North Carolina, 564 U.S. 261 (2011), children are "generally are less mature and responsible than adults," "often lack the experience, perspective, and judgment to recognize and avoid choices that could be detrimental to them," "are more vulnerable or susceptible to... outside pressures than adults" and "characteristically lack the capacity to exercise mature judgment and possess only an incomplete ability to understand the world around them." As stated in Graham v. Florida, 560 U.S. 48 (2010), children "have limited understandings of the criminal justice system and the roles of the institutional actors within it."
3. Under the Fifth Amendment to the United States Constitution, according to Miranda v. Arizona, 384 U.S. 436 (1966), custodial interrogation of an individual by law enforcement requires that the individual be advised of their rights and make a knowing, intelligent and voluntary waiver of those rights before the interrogation proceeds The individual must have "full awareness of both the ...

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