Juvenile Interrogation (2022)

Juvenile Interrogation 2022

What’s the Problem?

Juveniles are more likely to waive their right to a lawyer than adults, and this is usually associated with pleading guilty to an “admission,” or guilty plea [Woolard].  In these cases, the juveniles rarely understand the life-long consequences of a criminal record.  For example, certain delinquency adjudications may result in deportation, barriers to employment, or removal from school or public housing [Henning].  Although existing Maryland statute and precedents provide that reasonable efforts should be made to notify a parent of the child’s arrest and that the child should be Mirandized, these do not forbid interrogations without an attorney’s advice in non-emergency situations [McIntyre v. State].  One can see a recording of a juvenile being told by a Maryland police officer that they would not “need a lawyer” which was presented in legislative hearings in 2021. Jenny Egan, chief attorney for the Juvenile Division of the Maryland Office of the Public Defender, Baltimore City, stated “That video is not an exception. This is what it looks like most of the time.” [Weil-Greenberg].

Juveniles are more vulnerable to interrogative pressure than adults [RGK].  It is much more common for juveniles to accept responsibility for an act they did not do than adults [RG].  They are less likely than adults to be aware of the practice of police deception.  Most states allow police, during interrogations, to lie in order to get a confession from the suspect.  This can include claiming that there was DNA evidence, or claiming that one of the other suspects in a group already confessed, or that someone has informed on the suspect.  The National Registration of Exonerations records that of exonerated defendants (those convicted of crimes they did not commit ), 36% of juveniles falsely confessed to crimes, whereas only 10% of adults falsely confessed to crimes [NRE].  In about 30% of all wrongful convictions that have been overturned by DNA evidence, deceptive interrogation tactics, including false promises of leniency and false claims about the existence of incriminating evidence [Innocence Project].

What solutions are we working toward? 

MAJR supports the 2022 Juvenile Interrogation Protection Act  (HB0269/SB0053).

  • It requires that police officers make a reasonable attempt to notify the juvenile’s parents or guardians and provide the necessary information about the situation, where the juvenile is, and how they can contact them.
  • It requires that the juvenile be provided with an attorney either chosen by their parents or provided by the public defender’s office before they are interrogated (unless there is risk of imminent harm).
  • It restricts the use of evidence gathered in an interrogation that did not follow the above restrictions. In legal terms, it creates a rebuttable presumption against admission of statements taken in violation of the law.  This would disincentivize law enforcement personnel from questioning children without their parents and without a lawyer’s advice.

This bill is supported by Baltimore City State’s Attorney Marilyn Mosby and Prince George’s County State’s Attorney Aisha Braveboy.[Weill-Greenberg].

MAJR would also support a bill which forbids the use of deception in the interrogation of juveniles, and restricts the use of evidence gathered in such a wrongful interrogation.

What progress has there been on these issues in other states?

California passed a bill that requires that people under 18 must be allowed to speak with an attorney before an interrogation can commence.  This year Maryland, New York, and Washington State [links below] are considering similar legislation.

Ohio, Illinois, and Oregon [links below] have enacted laws prohibiting police from using deceptive interrogation tactics on minors. Nebraska, New York [link below], and the U.S. Congress are considering similar bills as well.

Learn More!

  1. Gross SR, Jacoby K, Matheson DJ, Montgomery N. Exonerations in the United States 1989 through 2003. J. Crim. l. & CrimiNology. 2004; 95: 523.
  2. Weill-Greenberg E. “Children can be on their own when grilled by police. The push for protection is growing: Several states, including Maryland, are considering bills to protect minors from abusive police interrogations.” The Appeal, March 2021. https://theappeal.org/juvenile-right-to-attorney-police-interrogation-maryland-state-legislation/
  5. Redlich D, Goodman GS. Taking Responsibility for an Act Not Committed: The Influence of Age and Suggestibility. Law Hum Behav 27, 141–156 (2003). https://doi.org/10.1023/A:1022543012851
  6. Richardson G, Gudjonsson GH, and Kelly TP. “Interrogative suggestibility in an adolescent forensic population.” Journal of Adolescence18.2 (1995): 211-216.
  7. Woolard J. “Waiver of Counsel in Juvenile Court”, Office of Justice Programs’ National Criminal Justice Reference Service, June 2019 https://www.ojp.gov/pdffiles1/nij/grants/253015.pdf
  8. Henning K. (2004). Eroding confidentiality in delinquency proceedings: Should schools and public housing authorities be notified. New York University Law Review, 79, 520 – 611.
  9. Washington State Legislature: HB1140, 2021-22, “Concerning juvenile access to attorneys when contacted by law enforcement”
  10. New York Senate Bill S324A – “Relates to precluding inadmissible statements made by defendants because of false information and requires data collection of recorded interrogations.” https://www.nysenate.gov/legislation/bills/2021/S324
  12. McIntyre v. State, 309 Md. 607, 526 A.2d 30 (1987). https://www.courtlistener.com/opinion/1467283/mcintyre-v-state/
  13. Diaz J. “Illinois is the 1st state to tell police they can’t lie to minors in interrogations”, NPR, July 2021https://www.npr.org/2021/07/16/1016710927/illinois-is-the-first-state-to-tell-police-they-cant-lie-to-minors-in-interrogat
  14. Staff, “Oregon Deception Bill is Signed into Law, Banning Police from Lying to Youth During Interrogations”, The Innocence Project, June 2021 https://innocenceproject.org/deception-bill-passes-oregon-legislature-banning-police-from-lying-to-youth-during-interrogations/