When law enforcement officers question a young person in custody, it is called custodial interrogation. In many states, lawyers are not guaranteed for every child during police interrogation, and most states allow children to waive their right to legal counsel—even if they are unclear about what that means.

In Delaware, Illinois, Oregon and Utah, law enforcement cannot use deceptive tactics such as making false claims about evidence or promising leniency when questioning a minor. Nevada is among the states to have enacted other safeguards, such as requiring police officers to read a simplified version of Miranda rights to young people during interrogations. Utah passed a similar bill earlier this year. Some states, including California, Illinois, Maryland and Washington, have adopted legislation to mandate that youth speak to a defense attorney before waiving their Miranda rights.

Also during the 2023 legislative session, three states—Colorado, Indiana and Nevada—enacted laws making a young person’s statement inadmissible if deceptive tactics are used during questioning.