Lessie

We granted review to reexamine People v. Burton (1971) 6 Cal.3d 375 [ 99 Cal.Rptr. 1 , 491 P.2d 793 ] (Burton), in which this court fashioned a special rule to govern the application of Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 ] (Miranda) to minors. Miranda requires courts in criminal cases to exclude, at least from the prosecution’s case-in-chief, self-incriminatory statements made by the accused during custodial interrogation unless the accused has knowingly and voluntarily waived the Fifth Amendment privilege against self-incrimination, which in this context includes the rights to silence and the assistance of counsel. (Miranda, at p. 479; Harris v. New York (1971) 401 U.S. 222, 224-226 [ 28 L.Ed.2d 1 , 91 S.Ct. 643 ]; see U.S. Const., 5th Amend.) Applying Miranda, this court held in Burton that a minor’s request to see a parent before or during custodial interrogation “must, in the absence of evidence demanding a contrary conclusion, be construed to indicate that the minor suspect desires to invoke [the] Fifth Amendment privilege.” (Burton, at pp. 383-384.)

We conclude Burton, supra, 6 Cal.3d 375 , is no longer good law. The Burton…