Should Kids Be Allowed To Waive Their Miranda Rights?

Should Kids Be Allowed To Waive Their Miranda Rights?

by | All, Juvenile

Chances are that you’ve heard some version of the Miranda Rights before. You don’t have to be involved in a crime to have heard it, thanks to crime TV shows.

The Miranda Rights start with the famous “You have the right to remain silent…” It’s likely that you can recite the rest, but surprisingly, a lot of people don’t understand what the Miranda rights actually protect.

Protection Offered by the Miranda Rights

By law, a law enforcement officer is supposed to read the Miranda rights to the suspect at the time of his/her arrest. The major benefits include:

  • That you’re not required to speak to the police
  • That you are permitted to have an attorney advocate on your behalf at all times throughout police questioning

A defendant may choose to uphold these rights or waive them. In the event that the defendant chooses to waive his or her Miranda rights, and chooses to speak directly to officers in the absence of an attorney, then under the law, such correspondence is not coerced or involuntary.

Miranda Rights and Juveniles

Law enforcement officers also read Miranda rights to juveniles if they’re suspects. The issue is that juveniles often don’t fully understand the rights read to them, or even worse, the implication of waiving their Miranda rights. Because of this, the rate of waivers among juveniles is alarmingly as high as 90 percent.

This makes us question…Why?

One reason is of course understanding or lack thereof. In 2014, the Harvard Medical School and others identified 371 variations of the wording of Miranda rights. Of this number, an impressive 52 percent required at least an eighth-grade reading level for proper understanding. Comprehension becomes even more difficult once you factor in the added stress that plagues juveniles under arrest.

Another reason is the limited memory of all the rights that are included in Miranda. Taking advantage of one’s Miranda Rights goes far beyond understanding the verbiage. It’s equally, if not more important to remember all the rights later, after the arrest and during the interrogation.

Waiving of Miranda Rights by Juveniles

On the heels of these shocking stats are several cases relating to the waiving of Miranda rights by juveniles. On one hand are cases that dispute whether a juvenile actually waived his or her Miranda rights at all. On the other hand are cases that dispute whether the rights were stated in a way to make the juvenile understand what rights were protected.

A number of states are currently considering adopting a revised Miranda standard. This would address many of the concerns regarding Miranda rights and juveniles. Proposed processes that would address some of these concerns include:

Implementing a version of Miranda specifically for juveniles that are easier to understand.

Stipulating a minimum age requirement, meaning that juveniles below the age limit would be legally unable to waive their Miranda rights, make a confession or even speak to a police officer in the absence of a parent or guardian.

The foremost importance of Miranda rights is to protect against self-incrimination during questioning. Therefore, it’s critical to consult an experienced defense attorney like Terry Sherman if you or a loved one is of the belief that Miranda warnings were not properly provided or were improperly or unfairly waived. Call us now.

Ohio human trafficking probes up 50% over last year.

Ohio human trafficking probes up 50% over last year.

by | All, Sex Crimes

COLUMBUS — The number of investigations into suspected trafficking swelled last year to the highest level in Ohio’s history

Ohio’s state attorney general’s Human Trafficking Commission released a report on Monday that revealing police investigated 202 potential cases of human trafficking in 2017, up nearly 50 percent from the year before. The vast majority involved the sex trade.

But the number of arrests decreased to 70, the lowest since 2013 as reported a Toledo news agency The Blade.

“You may have investigations in one year, and then you may have a conviction in another year,” said Attorney General Mike DeWine. “I still believe that human trafficking convictions are being grossly underreported because, frankly, they’re not charging human trafficking. They’re charging something else.”

He said ultimately it doesn’t matter whether the suspect is prosecuted for the specific crime of “trafficking in persons.”

“The most important thing is the victim be saved and not have to exist under those circumstances,” Mr. DeWine said. “The second thing is the person is punished and segregated from society so that they won’t do this again.”

The Victims:

  • 208 people were identified as potential victims. They were most likely to be female, white, and between the ages of 21 and 29. Thirty-eight people were minors under the age of 18. Two were 13 or younger.

The Suspected Traffickers:

  • 221 suspected traffickers, all but 10 of them believed to be engaged in the sex trade. Ten were involved in forced labor. The traffickers were most likely to be male, black, and between the ages of 21 and 29. Four were minors themselves.

The Customers:

  • 257 people identified as customers of the trafficking were overwhelmingly male, white, and between the ages of 41 and 59. Most of them, 183, were suspected of buying sex while 74 were consumers of forced labor.

Mr. DeWine said Ohio’s opioid addiction crisis and human trafficking go hand in hand. “Drugs are used to control,” he said. “Because opioids are so addictive, it makes it easier for a pimp, makes it easier for a human-trafficker to control a victim. They control a victim’s income, money, but they also control the drugs. The drugs are the most powerful.”

Ohio has been at the forefront of research and law enforcement since a federal sting in 2005 in Harrisburg, Pa., put Toledo on the map with cities like Miami and Las Vegas as major recruiting hubs for the sex trade.  Statistically, 177 women and girls were caught up in that sting, 77 of the females were from the Toledo area.

Federal Judge calls opioid crisis ‘man-made’ and urges action

Federal Judge calls opioid crisis ‘man-made’ and urges action

by | All, Drug Charges

COLUMBUS (AP) – Tuesday, Federal Judge Dan Polster urged participants on all sides of the lawsuits against drugmakers and distributors to work toward a common goal of reducing overdose deaths. He stated that the lawsuits have come to his court “because other branches of the government have punted it”.

The judge currently oversees more than 180 lawsuits against drugmakers brought by local communities across the country; including those from Ohio. The Judge said that he believes everyone from drugmakers to doctors to individuals bears some responsibility for the crisis and hasn’t done enough to stop it.

*Published IrontonTribune.com – Published January 10, 2018

During a hearing in his Cleveland courtroom, Polster stated, “What we have got to do is dramatically reduce the number of pills that are out there and make sure that the pills that are out there are being used properly. Because we all know that a whole lot of them have gone walking, with devastating results.”

In 2016, the government registered 63,600 overdose drug deaths – another record. The vast majority of deaths involved prescription opioids, namely OxyContin, Vicodin, or related illicit drugs such as fentanyl and heroin. The epidemic shows little sign of abating. Hundreds of lawsuits filed by county and municipal governments could end up as part of a consolidated federal case overseen by Judge Polster, while others are unlikely to consolidate.

Some government bodies, including Ohio and at least 9 other states, are suing the industry in state courts. Additionally, most states have united in an investigation of the industry that could spark a settlement or even more litigation against the industry. Among the drugmakers targeted; Allergan, Purdue Pharma, and Johnson & Johnson. Also targeted are three large distributors; Amerisource Bergen, Ohio-based Cardinal Health, and McKesson. All parties named in these and other lawsuits have said that they don’t believe that litigation is the answer but have pledged to help solve the crisis.

Judge Polster likened this epidemic to the 1918 flu which killed hundreds of thousands of Americans, while pointing out the key difference. “This is 100 percent man-made. I’m pretty ashamed that this has occured while I’ve been around.”

With opioids, just a tiny speck can kill.

With opioids, just a tiny speck can kill.

by | All, Drug Charges

  • In July, 10 year old Alton Banks died of fentanyl poisoning in Florida. He walked 10 blocks from the community pool to his home. He vomited, collapsed, and died.
  • In Montgomery County: Two toddlers overdosed on opioids and died.
  • In Cleveland: An officer was hospitalized after coming into contact with what is believed to be fentanyl while executing a search warrant.
  • In East Liverpool: A police officer required four doses of naloxone after he accidentally came into contact with fentanyl.
  • In Massillon: Three nurses were treated with naloxone after aiding an overdose patient.
  • In Florida:  A drug-sniffing K-9 was rushed to an animal hospital after he was exposed to fentanyl during a drug raid with law enforcement.
A person doesn’t have to be an opioid abuser to be injured or killed by the drug. Children and first responders are among those at risk of injury or death from accidental exposure.
​
Fatal Doses:
The individual’s size, body chemistry, tolerance, and general health can all play a role into whether a dose is lethal. Obviously, the same amount would affect a child differently than an adult who has a history of abusing opiates.Heroin:  30 milligrams — or a little less than a half a pack of sugar — can be deadly.

Fentanyl:  “Just 2 milligrams — an equivalent to about 32 grains of salt — can be enough to kill a person”, said Jessica Toms, a laboratory supervisor at the Ohio Attorney General’s Bureau of Investigation (BCI). Fentanyl is similar to morphine but is 50 to 100 times more potent, according to the National Institute on Drug Abuse.

Carfentanil:   “About 20 micrograms — less than a grain of salt — can be a lethal dose for a human”, Toms said. “Carfentanil is so strong that it is used to sedate elephants.”

“The drugs can be absorbed into the skin”, Toms said, “but inhalation can kill faster. It is all about how much of the substance makes it into the bloodstream, and how quickly it can get there. For someone abusing drugs, injection is going to be the fastest and most dangerous route. But for someone who is exposed to it, inhalation of the substance is going to likely be the fastest route.”

“Both absorption through the skin and ingestion require that the substance be absorbed through multiple layers of skin or organ tissue prior to entering the bloodstream, this ultimately takes longer,” Toms said. “However, mucous membranes (eyes, nose, mouth) will be faster as these areas of your skin are thinner and were naturally designed to absorb materials.”

To avoid accidental exposure, law enforcement should exercise caution and be aware of how they are handling items at crime scenes.

Last July, Ohio Attorney General Mike DeWine warned law enforcement agencies to reconsider testing drugs on the scene because of the danger involved. “Field testing is not a good idea,” he said. “The risk is too high.” DeWine urged BCI’s Criminal Intelligence Unit to put out a series of law enforcement bulletins to make sure officers are informed about opioids and the dangers of handling them.

If testing must be performed, officers should wear proper protective equipment and test in an open, well-ventilated space, she said. Officers should be aware of what they are touching while wearing their gloves as to avoid creating an exposure incident after their gloves have been removed.

“Lastly, we recommend that suspected drug evidence be packaged in plastic to prevent the substances from spilling or leaking,” Toms said.

In case of exposure, an officer should wash his or her hands and immediately seek medical assistance.

Signs of opioid exposure include respiratory depression; pinpoint pupils; vomiting; loss of consciousness; choking or gurgling; slow or absent pulse; bluish, clammy skin; and limpness.

Human Trafficking Education Coming to Ohio Classrooms

Human Trafficking Education Coming to Ohio Classrooms

by | All, Sex Crimes

Teachers representing 100+ middle and high schools in Miami Valley were trained in human trafficking last year as part of the new “School Trafficking Outreach Program”.

According to the director of Abolition Ohio and interim executive director of the human rights center at the University of Dayton, Tony Talbot, this was the first time training of this kind took place for one full year.

Through the program, educators are instructed on how to present sensitive information to students, and how to identify and deal with trauma triggers.

“We still have room to keep growing and growing,” Talbot said. “It’s intensive because you can’t just turn over the materials and give a classroom presentation because a kid might come forward and … if the school’s not prepared on how to respond, you’re going to cause more harm than good.”

Ohio Attorney General Mike DeWine listed trafficking education as focus area in his 2016 annual report. According to the report, 151 potential victims of human trafficking were identified and more than a third were 20 years old or younger.

Supporting the initiative, the School Trafficking Outreach Program received a nearly $15,000 grant from the Ohio Children’s Trust Fund, another several thousand dollars from the University of Dayton, and $1,500 from the Free to Run Foundation, Talbot said.

“Human trafficking is a major issue that happens here [in Ohio],” Talbot said. “It happens in cities; it happens in suburbs; it happens in rural area and it affects our youth.”

In 2016 alone, Ohio law enforcement reported 135 human trafficking investigations yielding 79 arrests and 28 criminal convictions.