In what scenario might a minor not be able to waive their rights?

A minor typically cannot waive their rights because they may not fully understand the implications of doing so, particularly in legal contexts. If a minor is 15 years or younger, they are considered too young to have the legal capacity to consciously make informed decisions regarding waiving their rights. Legal systems often protect minors in these scenarios to ensure their well-being and safeguard their future.

In contrast, being 18 years or older implies that an individual is considered an adult and possesses the legal rights to make those decisions. If someone is older, they would have the ability to waive their rights if they choose to do so. Refusal to speak does not necessarily correlate with the ability to waive rights; rather, it indicates a choice not to engage or provide information. Lastly, having an attorney present usually provides the minor with guidance and support, enhancing their ability to make informed choices about any rights they might wish to waive. Therefore, the scenario where a minor is 15 years or younger clearly illustrates why they cannot waive their rights.