VETOED	DATE: 09/30/2016

To the Members of the California State Senate:

I am returning Senate Bill 1052 without my signature.

This bill would require -- in almost all cases -- that a youth under
18 must consult an attorney before a custodial interrogation begins.

This bill presents profoundly important questions involving the
constitutional right not to incriminate oneself and the ability of
the police to interrogate juveniles. Ever since 1966, the rule has
been that interrogations of criminal suspects be preceded by the
Miranda warning of the right to remain silent and the right to have
an attorney.

In more cases than not, both adult and juvenile suspects waive these
rights and go on to answer an investigator's questions. Courts uphold
these "waivers" of rights as long as the waiver is knowing and
voluntary. It is rare for a court to invalidate such a waiver.

Recent studies, however, argue that juveniles are more vulnerable
than adults and easily succumb to police pressure to talk instead of
remaining silent. Other studies show a much higher percentage of
false confessions in the case of juveniles.

On the other hand, in countless cases, police investigators solve
very serious crimes through questioning and the resulting admissions
or statements that follow.

These competing realities raise difficult and troubling issues and
that is why I have consulted widely to gain a better understanding of
what is at stake. I have spoken to juvenile judges, police
investigators, public defenders, prosecutors and the proponents of
this bill. I have also read several research studies cited by the
proponents and the most recent cases dealing with juvenile

After carefully considering all the above, I am not prepared to put
into law SB 1052's categorical requirement that juveniles consult an
attorney before waiving their Miranda rights. Frankly, we need a much
fuller understanding of the ramifications of this measure.

In the coming year, I will work with proponents, law enforcement and
other interested parties to fashion reforms that protect public
safety and constitutional rights. There is much to be done.


Edmund G. Brown Jr.