How have the courts interpreted the Miranda warning in this case?

California, United States of America


The following excerpt is from M., In re, 450 P.2d 296, 70 Cal.2d 444, 75 Cal.Rptr. 1 (Cal. 1969):

There is also involved a highly debatable Miranda issue. In People v. Lara, 67 Cal.2d 365, 62 Cal.Rptr. 586, 432 P.2d 202, the majority of this court held that a waiver of a minor's constitutional rights should not be measured by the same rule applicable to adults but must be measured by the 'totality of circumstances.' Here the record shows the police read to the minor the Miranda warnings from a card. To hold that after the mere reading and parroting of the Miranda rights a confession constitutes a knowing waiver of constitutional rights without the advice of a parent, adult or lawyer is to simply disregard the limitations on the waiver rule announced in Lara so far as minors are concerned.

I would reverse the judgment.

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