One Step Further for Protection: Why Oregon Should Adopt Additional Requirements for the Appointment of Counsel to Youths Accused of Crime

Authors

Ivy-Rose Kramer

First Page

657

Abstract

Current procedures for interrogating and investigating youths accused of crime do not provide sufficient protection for youths and their rights. Oregon should follow the example of other states that have adopted greater protections for youths—beyond what the Constitution currently requires. Specifically, Oregon should enact legislation that would provide counsel to youths who are (1) detained and being investigated based on probable cause of criminal activity; (2) undergoing custodial interrogation; and (3) in possession of property law enforcement wishes to search. This consultation with counsel should not be waivable. Such a law would counteract the harmful effects of disparate treatment and false confessions which are prevalent in the youth justice system.

Recommended Citation

Ivy-Rose Kramer, One Step Further for Protection: Why Oregon Should Adopt Additional Requirements for the Appointment of Counsel to Youths Accused of Crime, 26 Lewis & Clark L. Rev. 657 (2022).
Available at: https://lawcommons.lclark.edu/lclr/vol26/iss2/11