SAN JOSE, Calif. — The National Center for Youth Law reports that San Jose Mayor Matt Mahan is seeking to roll back Senate Bill 203, a state law that requires youth to consult with legal counsel before waiving their Miranda rights, a move advocates warn would allow children to be questioned by police without an attorney present. SB 203 strengthened protections for children’s Fifth and Sixth Amendment rights and was designed to guard against unlawful imprisonment and coercive interrogations.
According to the National Center for Youth Law, youth lack the mental competency of adults to fully understand the consequences of their actions, and they often do not have the experience necessary to comprehend the language and implications of legal accusations.
The organization states that “young people are more likely than adults to be coerced into giving police false confessions,” adding that the pressure and confusion of police interrogations create an inherent imbalance that disadvantages children in custody.
While parents or guardians are often permitted to be present during questioning, advocates say that presence alone is insufficient. An attorney, the National Center for Youth Law notes, has the legal knowledge and experience necessary to advise both the child and their guardians. “A guardian or parent in the room is not a substitute for legal counsel,” the organization emphasized.
Senate Bill 203 was enacted in 2021 to protect youth from false or unjust imprisonment by requiring access to legal counsel before police questioning, according to the National Center for Youth Law. The law also limits when officers may question children under 18, with narrow exceptions such as preventing imminent harm to others or damage to property.
“Safe communities are ones that invest in youth, support the needs of families, and uphold the rights of all children,” said Darya Larizadeh, director of California policy and capacity building for youth justice at the National Center for Youth Law.
Advocates argue that removing SB 203 would weaken constitutional protections specifically tailored to minors. While the Fifth Amendment guarantees due process, the National Center for Youth Law says eliminating SB 203 would erode safeguards meant to protect children from coercion and false imprisonment.
The organization emphasizes that access to legal counsel before questioning can be the difference between a guilty and not guilty plea. According to the National Center for Youth Law, SB 203 plays a critical role in preventing false and coercive confessions by children.
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