U.S. Reps. Tony Cardenas (D-Los Angeles) and Joe Kennedy III (D-Mass.) have introduced the Protecting Miranda Rights for Kids Act, legislation that will protect minors if they are arrested.

“Throwing our children to the mercy of a punitive justice system that unfairly keeps young people in prisons is wrong,” Cardenas said. “Allowing children to make legal choices without proper consultation often leads to unjust sentencing that could have been avoided had they had proper legal representation. This legislation will require law enforcement to notify a child’s parent or guardian and protect American children from self-incrimination or unfair sentencing due to a lack of knowledge of the legal system.”

The Protecting Miranda Rights for Kids Act would require law enforcement to notify and contact parents or guardians if a child is arrested or detained, and requires children to consult with their parents in person, by phone or video conference, and consult with legal counsel in person, before they can waive Miranda rights. All interrogation of a minor would take place with an appointed (not a stand in substitute) legal counsel physically present at the time of interrogation. The bill will also make it inadmissible in any criminal prosecution brought by the U.S. or District of Columbia any statement given by a minor during a custodial interrogation that does not comply with the requirements.

The congressmen said research shows that children waive their Miranda rights at extremely high rates, with several studies placing it at roughly 90% of cases. Children are much more likely than adults to make such confessions, they said. The American Academy of Children and Adolescent Psychiatry recognizes that children’s brain development, specifically the area related to reasoning, continues to mature into early adulthood.

For information, visit cardenas.house.gov.