Valley Fair Shooting: San Jose Mayor Matt Mahan wants to allow juveniles to waive Miranda Rights without lawyer
There is a controversial new proposal for tackling gang crime in the South Bay.
San Jose Mayor Matt Mahan is now suggesting that children accused of crimes should be able to forgo their right to remain silent without talking to a lawyer. It's a proposal that goes against state law and is at odds with decades of court decisions.
Mahan says it would help police hold gang members accountable for violent crimes carried out by minors.
A teenage boy is accused of shooting three people at Valley Fair Mall on Black Friday in a gang-related attack.
RELATED: Valley Fair teen shooting suspect charged with attempted murder; DA seeks transfer to adult court
Mahan is criticizing current juvenile criminal laws following recent gang-related crimes.
Since a Black Friday shooting at Valley Fair Mall, Mahan has repeatedly said the justice system makes it easy for gangs to exploit children.
In a weekend newsletter, he proposed changes to Miranda Rights. Under current California law, a minor cannot waive their Miranda Rights or speak with law enforcement unless they've consulted with an attorney. Mahan is suggesting, instead, that the law should allow officers to inform minors of their constitutional rights with only an adult guardian present.
"It kind of boggles my mind that we're talking about 'How do we get youth to speak?' We're basically saying, 'How do we get youth to not honor their rights?'" said Darya Larizadeh with the National Center for Youth Law, an organization based in Oakland.
RELATED: Valley Fair teen shooting suspect charged with attempted murder; DA seeks transfer to adult court
Larizadeh said the typical Miranda warning requires an eighth-grade level education to fully understand.
"And we need to acknowledge that, especially in situations where there is a power differential, where it is high-stress situation. Children's brains operate differently, and we need to honor the science here," Larizadeh said.
Attorney Roland Soltesz said that parents are often not in the best position to give neutral legal advice.
"And the parents often, they're aghast. 'Oh, my son's involved int this. Tell the police everything. Tell the police everything,' because they think it's going to help their youth's case. But, in practice, it doesn't help anybody when they do this," Soltesz said.
RELATED: Valley Fair teen shooting suspect charged with attempted murder; DA seeks transfer to adult court
Mahan disagrees, writing in his newsletter: "So when a 15- or 16-year-old is being manipulated by an older gang member, we can't ask them to identify the adult, we can't stop the recruitment, and we can't stop the cycle."
Soltesz said the juvenile justice system is set up to rehabilitate children and that intervention is the best prevention.
"If you can get to these kids in the fourth and fifth grade, that's where we need to be putting our efforts," Soltesz said.
Mahan pointed to some San Jose programs in his newsletter but also proposed changing juvenile sentencing guidelines and increasing penalties for adults who recruit kids to commit crimes.
Many of these suggestions would require state legislation.
