The headline alone in one legal publication, “Feds Must Notify Parent Before Interrogating Child, Panel Says,” should have been so obviously a landmark extension of Miranda as to alert the legal community to the impending deluge.
So scholars have been utterly unable to explain the fact that the decision seems to have caused not a ripple outside the rather shallow waters of Assistant U.S. Attorney Wendy Frakes’ office. Frakes, who had argued the case before 9th Circuit Judges Richard Paez, William Canby Jr., and M. Margaret McKeown, did her very best imitation of a woman drowning in appellate obduracy, when she lamented, “There is absolutely nothing in the statute [Federal Juvenile Delinquency Act, Title 18 U.S.C., section 5033] that says what the court says. We’re not trying to hide the ball. . . . The ball keeps rolling, and we’re just trying to keep up with it.” But no one seems to have heard her, and the ball did keep rolling.
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