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). 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!
Initiative 2022
Category
House Bill
Senate Bill
Hearing
Child Interrogation Protection Act (Amendment)( Testimony)( Muster1)(Muster2)
Front Door
HB0269
SB0053
Passed – sent to Governor
Juvenile Interrogation 2022
What’s the Problem?
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We Believe In ...
- Fairness
A person’s racial or ethnic group, economic background, or native language must not affect sentencing, punishment while in prison, access to education and job opportunities, parole, or re-entry supports.- Doing What Works
Our state’s criminal justice system should be accountable for using the practices that have been shown to reduce the likelihood of crimes and recidivism. For example, we know that family ties and visitors can reduce recidivism, so it is important that people who are incarcerated are assisted to maintain these critical connections with community.- Good Stewardship
Where sensible use of state resources can strengthen our communities to help them prevent crime – for example, through evidence-based programs for at-risk youth – we think this is a better use of our money than lengthy incarceration.- Second Chances
We believe that people can change. Given opportunities and support, people who have been incarcerated can choose to return to their communities and families as productive citizens.- Accountability
The state criminal justice system should maintain the data needed to be accountable to citizens. For example, it should be prepared to report on the racial and ethnic group of people in solitary confinement, the length of solitary confinement, and the alternatives to solitary confinement; the number of incarcerated persons who speak languages other than English and how the system is addressing communication issues; the mental health status of persons incarcerated and the measures taken to assist them in recovery.- Opportunities for Change
Many people involved with the criminal justice system have experienced trauma, are mentally ill, or have become addicted to substances. Others have learning disabilities, have never learned to read, or are developmentally impaired. We believe in access to treatment, in-prison opportunities, and community supports to help individuals turn their lives around.- Community Safety
We believe in safe, healthy communities. We believe all of us are safer when we use evidence-based interventions at every phase of involvement in the criminal justice system. We are all safer when:- sound community programs are available to prevent crime (for example, mentoring programs for at-risk youth);
- first offenders receive evidence-based interventions that help them avoid further involvement (for example, a diversion to treatment or mediation where appropriate);
- those who are incarcerated have opportunities to turn their lives around (for example, through fully funded NA and AA programs and opportunities to learn a skill); and
- returning citizens do not face barriers to finding treatment, jobs, and housing and are fully supported in their transition to community life so they never go back to prison.
Websites of Interest
The Ungers: A Matter of Time
