Issues With Juvenile Interrogation

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Evidence from numerous juvenile cases shows the youth falsely confess when under duress. The case of Stephanie Crowe, a 14-year-old who admitted to killing his sister when interrogated by investigators, is an example and reveals the issues involved when questioning juveniles (National Geographic, 2009). In most instances, detectives questioning a suspect aim for a confession; hence, the coercion and false confessions (Wigler, 2019). In Haley v. Ohio of 1948, a similar case to Crowe’s, the investigators questioned the suspect for hours without a lawyer or guardian present (Wigler, 2019, p.1425). In both instances, coercive methods used caused the suspect to doubt their memory resulted in an involuntary confession. Indeed, children are susceptible to police pressure as recognized by the court in the case of Haley v. Ohio – It held that “when, as here, a mere child—an easy victim of the law—is before us, special care in scrutinizing the record must be used” (Wigler, 2019, p. 1425). Despite knowing their legal rights and having full possession of their knowledge, senses, and memory, juveniles exposed to coercive interrogation methods have been shown to confess wrongfully, resulting in their conviction.

Today, ways to interrogate juveniles continue to evolve and apply less coercive methods and are conducted in a lawyer or parent’s presence. Indeed, the justice departments acknowledge that young adults are developmentally different from adults with science to support the findings (Spierer, 2017). The criminal justice system needs to enhance its developmental capacity and morals to treat young people better. Investigators should also cease using maximization techniques such as extreme pressure, confrontation, and intimidation on the youth. Other methods such as the Reid method that have been shown to exert pressure on suspects should be reviewed along with a review of isolation techniques, among other practices that cause undue influence. As Wigler (2019) recommended, the police should embrace contract principles that shift from seeking a confession to seeking information. Dubbed the ‘Peace Method,’ the strategy is equally effective in obtaining accurate information without using aggressive means that lead to a false confession.

References

National Geographic. (2009). [Video]. YouTube.

Spierer, A. (2017). The right to remain a child: The impermissibility of the Reid technique in juvenile interrogations. New York University Law Review, 92(5), 1719-1737. Web.

Wigler, C. (2019). Juvenile Due Process: Applying Contract Principles to Ensure Voluntary Criminal Confessions. University of Pennsylvania Law Review, 168(5), 1425-1447. Web.

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