The recent Netflix documentary Making a Murderer unleashed a wave of scrutiny over procedures in the criminal justice system, including investigation and interrogation practices. In that vein, we posted a few weeks ago discussing what Making a Murderer shows about juvenile confessions—that false confessions by youth can be fairly easily obtained and, consequently, youth need special protections to ensure that this does not occur. A new report by the American Bar Association expands on this topic, confirming once again that youth are categorically different than adults, and should be treated as such within the justice system. The main argument for stronger protections for youth who are being investigated for a crime is related to brain development, specifically that “youths’ brains are not yet fully developed in areas relating to judgment and decision-making, giving rise to classic “teenager” traits like impulsivity, vulnerability to pressure and suggestibility, as well as a tendency to be motivated by short-term rewards.” The publication also outlines a commonly used technique, the Reid technique,  to elicit confessions, which is described as a “guilt-presumptive, accusatory, manipulative process” that should be used with extreme care for youth.

Think of a child or teenager you know and imagine how they might react to a psychological technique designed to elicit confessions from guilty adults. It’s easy to see how a confused and frightened child, unaware of their legal rights and pressured by authority figures, could confess to a crime they did not commit because a police officer or lawyer said they should. We know that this happens often, as youth are two to three times more likely than adults to falsely confess to a crime. Sadly, a confession, even one obtained coercively, is powerful evidence that encourages investigators to ignore other suspects or defense attorneys to suggest a plea deal, culminating in life-changing consequences for an innocent child. Given the high stakes, it is imperative that parents, teachers, and those who work with youth advocate for fair, non-coercive investigations for juveniles.

by Karissa Propson