Abstract
When youth are interrogated by police, they are often treated in the same manner as adults. Despite the existence of constitutional safeguards (i.e., In re Gault, etc.), youth are subjected to a number of investigative tactics designed to elicit confessions through intimidation and psychological manipulation. Within the context of these experiences, Barry Feld uncovers a systemic dilemma in which the tactics, motives, and the detrimental impact associated with the interrogation of youth are examined. Specifically, the text offers:
an examination of how constitutional rights for youth are applied within interrogation procedures.
a distinctive analysis associated with cognitive functioning between adults and youth.
a discussion regarding the extent of understanding among youth with respect to their Miranda rights.
a description of the techniques employed by police when interrogating youth.
an assessment of youth responses in relation to police interrogations.
the impact of community and individual based factors with respect to the interrogation of youth by police.
the existence and impact of false confessions made by youth.
the need and efficacy of protective measures for youth during interrogation procedures.
In Chapter 1, entitled Interrogating Criminal Suspects: Law on the Books and Law in Action, the constitutional premise of conducting juvenile interrogations are examined by highlighting the existence of laws associated with ensuring voluntariness as well as other critical legal aspects (i.e., right to counsel, etc.). The relevance of Miranda is discussed by presenting a due process and crime control model that presents a number of contextual aspects associated with the use of juvenile interrogations and emphasizes how it benefits the state as opposed to juveniles. This leads into a comparison between the United States and the United Kingdom regarding interrogation training. The chapter concludes by offering a number of research areas related to the impact of Miranda, an examination of interrogation techniques, and the existence of false confessions.
In Chapter 2, entitled Questioning Juveniles: Law and Developmental Psychology, a descriptive account of cases where the rights of youth are violated along with deficient juvenile justice landmark cases are explored. This leads into a discussion regarding the use of adult legal standards among juveniles with regard to the understanding of waiving one’s rights. Differences between youth and adults in terms of judgment are examined with an emphasis in the area of risk perception. The chapter concludes with an emphasis related to the application of juvenile competency in the area understanding Miranda, adjudication procedures, as well as the social pressures and coercive tactics of police interrogation techniques.
In Chapter 3, entitled To Waive or Not to Waive: That Is the Question, an examination of how Miranda is administered among juveniles is presented. This includes a description of the characteristics of juveniles interviewed by law enforcement personnel. The context in which Miranda is executed among youth is provided; which includes the location, time frame, evidence obtained, and a preference for interviewing juveniles alone. The administration and understanding of Miranda among juveniles is underscored by identifying various influential police methods as well as the perceptions of youth understanding among judges and public defenders. The chapter concludes by discussing the rates and explanations associated with youth who either waived or invoked their Miranda rights.
In Chapter 4, entitled Police Interrogation: On the Record, the actual interrogation techniques employed by police in relation to juveniles are examined. This includes the initial report writing process along with the frequencies and numerous methods of eliciting confessions through a variety of intimidating and moral justification strategies. Examples of these techniques include confrontational methods, accusations, empathy, and minimizing seriousness of the alleged offenses. The chapter concludes with a discussion regarding the use of freewill statements among juveniles and closure within the interrogation process.
In Chapter 5, entitled Juvenile Responses to Interrogation: Outcomes and Consequences, the author describes the numerous juvenile responses to police interrogations, which includes detailed explanations associated with attitudes, confessions, and admissions. The length of these activities is based upon numerous factors such as seriousness of the offense, caseload responsibility, and firearm offenses. At the expense of offering pleas, the processing of juveniles appears to promote a crime prevention model geared toward efficiency. Through the use of research and interviews with criminal justice practitioners, the chapter concludes with a discussion regarding the impact of juveniles either invoking or waiving their Miranda rights.
In Chapter 6, entitled Justice by Geography Context, Race, and Confessions, an assessment of the differences with respect to juvenile interrogations and community-based factors are examined. This initially revealed the efficacy of offense type and record in relation to arrest, detention, and location of interrogation. Urban and suburban differences were identified with respect to the use or waiver of Miranda rights among juveniles, tactics employed by police, juvenile responses, and the notification and presence of parents. The chapter concludes with a discussion regarding the impact of race within the context of location and juvenile characteristics (i.e., prior record, offense severity, etc.), youth responses to interrogation practices, and subsequent treatment of youth on the basis of Miranda options.
In Chapter 7, entitled True and False Confessions: Different Outcomes, Different Responses, the inevitable existence of false confessions are identified by highlighting how and where these experiences exist. Factors related to the existence of false confessions demonstrate the relationship between certain contextual factors such as offense severity and duration of the actual interrogation experiences. In a comparable light, fair investigative and interrogative measures are presented which emphasize the efficacy of probable cause. Detailed and cumulative aspects related to the existence of false confessions are identified with respect among vulnerable populations. The chapter concludes by outlining the contrasting philosophies (i.e., crime control, due process, etc.) and their relative impact within the context of false confessions among juveniles.
In Chapter 8, entitled Policy Reforms, proposed solutions related to the interrogation of youth by police is discussed. This begins by outlining the deficiencies of the Miranda in relation to protecting the rights of youth as well as the detrimental impact of false confessions. In an effort to ensure the reliability of youth confessions, a number of remedial suggestions are examined. This includes establishing certain protections for youth on the basis of age, parental presence, and the use of investigative methods as opposed to interrogation techniques. The chapter concludes by taking steps toward the goal of ensuring justice for youth through the use of audio or video recordings of youth interrogations.
Kids, Cops, and Confessions: Inside the Interrogation Room discloses key procedural aspects between youth and law enforcement that highlights the dynamics of police interrogation and challenges the effectiveness of certain legal safeguards among youth. Through the use of official records, analyses, and interviews, the text provides a wealth of contextual insight regarding the challenges that youth are exposed to during these custodial experiences. The organization of the text allows the reader to understand the chronological and procedural aspects related to what youth may experience within the criminal justice system. In terms of data collection, Feld’s methodology provides a compelling argument that legitimizes the need of remedial measures. The strength of the text is identified in the manner in which it challenges the effectiveness of certain constitutional measures afforded to youth. It is a well written and concise account that contributes to literature related to juvenile justice, police practices, and juvenile criminal law. Areas of future research include the efficacy of certain investigative techniques among youth, factors related to false confessions among youth, and the perception of protective interrogation measures among criminal justice professionals.