Children should never be interrogated without a lawyer present. Here’s why.
The Central Park Five. The Englewood Four. The Harlem Park Three.
Each case is a stain on the United States legal system, representing 12 teenagers convicted of crimes they did not commit, and 210 lost years behind bars. The convictions were all based on false confessions and false witness statements.
Sadly, what happened to these boys is not an anomaly. The National Registry of Exonerations reports that 36% of exonerated defendants under age 18 falsely confessed, and in a study of 103 youth wrongful conviction cases, nearly 35% involved unreliable statements by a youth witness. This increased risk of false confession is even greater for kids of color, who face the added disadvantage of police bias.
Decades of research sheds light on why children and adolescents falsely confess to crimes. A combination of coercive interrogation techniques, age-appropriate shortsightedness, and susceptibility to pressure from authority figures puts even innocent youth at risk for making incriminating statements and confessions.
Equally troubling, false confessions and wrongful convictions make us all less safe because the real perpetrators are not caught.
The time is ripe for states to pass legislation to prevent these profound miscarriages of justice. Researchers and legal scholars have already identified an answer: If police wish to question a child or adolescent, the youth must meet with an attorney first.
Several jurisdictions across the U.S. are working toward this objective, including in Maryland, where newly proposed legislation will require that youth meet with an attorney before police questioning begins and that a parent/guardian be notified.
This is similar to a law recently passed in California and a bill currently under consideration in New York. It is time for all jurisdictions to follow suit and make the same crucial strides in juvenile interrogation reform.
Without laws guaranteeing consultation with an attorney, police officers can question youthful suspects so long as they waive their Miranda rights — and police can (and do) use the same deceptive techniques with kids as they use with adults.
In most jurisdictions, Miranda warnings are the same for adults and juveniles, but even juvenile-specific Miranda warnings are often too complicated for youth to understand. In fact, one study found that many youth did not even understand that a “right” was a protective privilege. Research has consistently demonstrated that, among children and adolescents, serious misconceptions about interrogation rights are not an exception; they are the norm.
Expecting youth to assert their rights like adults jeopardizes youth, because they make decisions differently. As a result of ongoing brain development, youth are more likely to prioritize immediate gain over long-term consequences during stressful situations, such as police interrogation. That makes them susceptible to giving in to police pressure now in the hopes the truth will set them free later.
Also, because youth are more likely than adults to comply with authority figures, they almost always give in to police requests to answer questions without an attorney present. Unfortunately, confessing to a crime virtually assures conviction even when the confession is false.
Even some police departments recognize that reforming youth interrogation practices is critical. The Baltimore Police Department drafted a proposed policy that would require the presence of a parent/ guardian or an attorney (or both) during questioning for anyone under the age of 18 and provide consultation with an attorney for the youngest youth. Although this proposal is an important step, it is not enough.
Parental presence alone often does not help kids protect themselves; parents may even encourage their children to confess. Therefore, it is imperative that all youth meet with an attorney, and since youth have also been pressured to make false witness statements, this protection should include suspects and witnesses.
Until our laws reflect what we know about adolescent development, parents must do their best to protect their child’s rights by making sure they and their child understand the basics: Police are allowed to lie to you, you do not have to answer any police questions, and asking for a lawyer does not make you look guilty.
A large body of science suggests that requiring an attorney before interrogation will help protect our children from false confessions and wrongful convictions. For too long, far too many of our youngest citizens have been denied their rights; their chance for a prosperous future short-circuited.
Change is needed nationwide. Maryland and New York have the opportunity now to make the interrogation room fairer and more just for youth.
Erika N. Fountain (www.erikafountain. com) is an assistant professor of psychology and director of the Youth Justice Lab at the University of Maryland Baltimore County. Sydney Baker is a clinical psychology doctoral student at John Jay and the CUNY Graduate Center. Emily Haney-Caron is an assistant professor of psychology and director of the Youth Law & Psychology Lab at John Jay College of Criminal Justice.
Irv Cross, the former NFL defensive back who became the first Black man to work full-time as a sports analyst on national television, died Sunday. He was 81. The cause of death wasn’t provided. “All of us at CBS Sports are saddened by the news of Irv Cross’ passing,” CBS Sports Chairman Sean McManus said in a statement. “Irv was a pioneer who made significant contributions to ... CBS Sports and, along with Phyllis George and Brent Musburger, set the standard for NFL pregame shows with ‘The NFL Today.’ He was a true gentleman and a trail blazer in the sports television industry.” Cross starred in football and track and field at Northwestern. He was drafted in the seventh round by the Eagles in 1961, traded to the Rams in 1966 and returned to the Eagles in 1969 as a player coach for his final season. Cross made two Pro Bowls. He joined CBS in 1971, becoming the first Black network sports show anchor. Cross later served as athletic director at Idaho State and Macalester College. In 2009, he received the Pro Football Hall of Fame’s Pete Rozelle Radio-Television Award.
AJ Swann, a three-star quarterback from Canton, Georgia, announced his verbal commitment to Maryland on Monday.
Swann is the No. 27 pro-style quarterback in the Class of 2022, according to the 247Sports Composite rankings. He’s the seventh commit for the Terps, whose class currently ranks fifth in the Big Ten Conference and 19th in the country.
Starting quarterback Taulia Tagovailoa will return for his junior season and Maryland will also welcome Reece Udinski, a graduate transfer from Virginia Military Institute, after the completion of his spring football season.
Three-star McDonogh quarterback Preston Howard announced his commitment to the Terps earlier this month. The 6-foot5, 220-pound prospect is the 10th-ranked dual-threat quarterback in the country in the Class of 2022 and the 11th-best player in
Maryland, according to 247Sports.
Terps to hold Pro Day on March 10
Maryland will conduct its Pro Day inside Cole Field House on March 10, the school announced Monday. Running back Jake Funk and linebackers Shaq Smith and Isaiah Davis will participate.
Funk declared for the draft in December 2020 after leading the Big Ten in yards per carry in his final year of eligibility. ESPN draft analyst Mel Kiper Jr. said on a conference call Monday that he likes Funk as a “late-round pick.”
Smith, a Baltimore native, appeared in 11 games in 2019 after transferring from Clemson but only played in one game in 2020, the season opener against Northwestern. Davis did not play in 2020 after starting 11 games in the 2019 season.