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INTRODUCTION TO JUVENILE INTERROGATION TECHNIQUES

Online Training Transcript

Slide 1

Welcome to the International Association of Chiefs of Police and the Office of Juvenile Justice and Delinquency Prevention training, titled Introduction to Juvenile Interrogation Techniques. My name is Terry McQuaid and I am currently Assistant Commander of the Baltimore County Police Department Training Academy. I have worked in the Department for 25 years, previously as a Shift Commander in the Patrol Division, internal affairs investigator, and a detective in the Criminal Investigation Division.

Slide 2

Once you have determined that you should move from interviewing to interrogation, you will need to choose a technique for getting to the truth and obtaining a confession. In this training, we will examine a number of techniques for conducting interrogations. Our objectives for this training are to :

• Identify potential investigative traps • Understand importance of the “totality of the circumstances” • Develop age-appropriate Miranda statements, and to • Identify interrogation approaches and strategies

Slide 3 Additionally, we will:

• Describe the cautions and considerations for using the strategies when interrogating youth and

• Analyze a juvenile’s behavior in an interrogation and determine the most appropriate approach

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Slide 4

Interrogations are accusatory. If you move into an interrogation you should be reasonably sure that you have the right suspect. This is not a fishing expedition.

Simply stated, the interrogation is done to elicit the truth from the juvenile and to get a confession. The exchange between the officer and the juvenile transitions from the 20/80 rule to the 80/20 equation. The interviewer does most of the talking and asks more direct questions. The interrogation might begin midway through an interview or it might be planned after a series of interviews. It is possible that the juvenile might make a complete confession during the interview but we will discuss confessions later on in this module. If the juvenile does not make a full confession during the interview and there is reason to believe that you are being deceived, or the evidence is indicating a direct link to the juvenile, you will use interrogation techniques to get to the truth.

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Slide 5

Before considering interrogations, ensure your case is void of any potential investigative traps.

Incomplete analysis. Incomplete analysis is when evidence does not match a confession. Remember to avoid allowing a lack of evidence to close off possibilities and limit options for a full explanation of the facts.

Investigators may rush to judgment and have tunnel vision when a decision is made earlier on in the investigation and they seek a confession to back up that decision. To avoid this, remember to let the evidence lead the case. You should have enough evidence to convict, before interrogating. A confession should be a bonus, not all the case has to rely on.

Tunnel vision is a narrow focus that “limits the considerations of the full range of alternatives.” This can result in focusing too soon on a single suspect and not considering other possibilities. This can also lead to selective thinking and searching only for evidence that confirms your hypothesis.

Groupthink is a mode of thinking within a group of people where the desire for agreement/resolution overrides the motivation to think critically about positions that differ from the thoughts of the group. This can result in self-censorship, because information is gathered to support the group’s hypothesis.

Similarly, organizational momentum is the inability of an investigation to change directions once it is headed down a path and the department has invested significant time, money, effort, and energy.

Ego can weaken a case investigation if the investigators or a department as a whole are unwilling to admit that any of their analyses or conclusions could be wrong.

On the next slide, complete the activity and then click the forward arrow to continue.

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Slide 6

Investigative Traps Activity

Slide 7

The decision to switch to interrogation should be based on a number of factors.

Shifting to an interrogation approach should be done with thought. It is best to move into an interrogation approach with a plan and with evidence. It is therefore recommended that a separate interview be scheduled to move into this phase. The ability to re-interview should not be underestimated. The time spent developing rapport can be used later as a springboard for any follow-up interviews. It gives the investigator time to gather more information and find out why there are gaps or it might become evident why the youth lied about a particular portion of their story.

The decision to switch to interrogation is based on a number of factors.

The pre-interview strategy – the investigator has planned before going into the interview that there is sufficient reason to consider moving into the interrogation. The interrogator outlines the approach they will use with the juvenile.

An assessment is made about the completeness of the overall investigation. Other suspects have been clearly eliminated and there is sufficient evidence to lead you to this particular youth. The investigator needs to be ready to use one of the approaches and make an accusation.

Slide 8

Before engaging the youth in an interrogation, the investigator must consider the location and timing conducive to an interrogation. The space needs to be private and away from distractions. One of the principles of interrogation for adults is to be in an isolated environment that is non-supportive of the suspect. For youth, the opposite is recommended by researchers. With no adult support system or an isolated unfamiliar environment, the youth may

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try to please the adult who is questioning them. In doing so, they will try to read what the investigator’s preferred answer might be. There should be access to parents and to counsel because of this vulnerability.

The interviewer should be reasonably certain that he or she can elicit the information from the suspect and that this confrontation will not affect future cooperation if needed. And the interviewer should have reasonable certainty that the youth is directly involved.

Slide 9

The US Supreme Court case Fare v Michael C. required that juvenile waivers of rights should be judged by “totality of circumstances”—meaning whether they are made “knowingly, intelligently, or voluntarily.” These judgments are highly subjective and require determinations by circumstances of cases rather than by application of a specific set of rules.

Case law has shown that the courts may consider a variety of items when looking at Miranda and the totality of circumstances, including:

• Circumstances of the confession

• Environment

• Methods used to obtain the confession

• The suspect’s physical condition and

• The suspect’s mental condition

Slide 10

Other items courts may consider when looking at Miranda and the totality of circumstances are:

• The length of interview and interrogation

• Age

• Education and intelligence (developmental level, comprehension) and

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• Experience with the juvenile justice system

Slide 11

In June 2011, in J.D.B v. North Carolina, the U. S. Supreme Court held that police must consider a suspect’s age when deciding whether to provide a Miranda warning and in determining if a child is considered to be in custody or not, based on the child’s level of comprehension and/or intimidation as to whether they felt like they could leave the room or not.

J.D.B. was a 13 year old boy suspected of home break-ins. He was pulled from the middle school classroom and questioned for 45 minutes in a conference room at the school by two officers and two school administrators. Miranda rights were not read to him because the interviewing officers believed the interview as non-custodial. J.D.B. confessed to the crime and provided a written statement. Slide 12

The Supreme Court concluded that age should be considered when determining custody and the case was remanded back to the state courts to determine if J.D.B. was indeed entitled to Miranda warnings.

As mentioned earlier, age is only one factor to be considered in the totality of the circumstances when evaluating custody. J.D.B. now requires the court to consider whether a child of any particular age would feel free to leave given the circumstances.

J.D.B. shows that the Supreme Court thinks age is very important in all legal contexts involving interrogation.

Slide 13

When interrogating youth, it is important you can prove that the youth has truly understood his or her rights before proceeding. We do not want to have a true confession rejected or thrown out of court because the juvenile did not understand their rights. A landmark study found that over half the youth

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surveyed did not comprehend at least one Miranda right, compared to less than a quarter of the adults.

You should read the Miranda Warnings as they are written for your jurisdiction before you explain them in simpler terms and make sure that the wording you use is acceptable to the courts.

Like your interview questions, structure your simplified Miranda statements so that they are easily understood by a juvenile. Use short, simple words and verify the words with your local prosecutor.

On the next slide, rewrite each Miranda statement in language that youth would understand, then hit the forward arrow to continue.

Slide 14

Miranda activity

Slide 15

Here are some sample Miranda statements that may be more easily understood by youth than traditional statements.

In addition to stating, “You have the right to remain silent” you could say “You don’t have to talk with me” or “you don’t have to say anything.”

After stating, “Anything you say can and will be used against you in a court of law,” you can simplify it by saying “If you talk to me, what you say can be used in court.”

In addition to “You have the right to talk to a lawyer and have him present with you while you are being questioned,” you can say, “you can ask to have a lawyer” or “a lawyer will help you understand what is happening.”

After explaining “If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish,” simplify by saying, “we can get you a lawyer where it won’t cost you or your parents anything.”

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Follow up the statement “You can decide at any time to exercise these rights and not answer any questions or make any statements” by saying “you can stop answering questions or ask for a lawyer at any time.”

Don’t forget to check out the sample juvenile Miranda waiver forms in your resource folder from jurisdictions around the country that you can tweak for your own agency.

Slide 16 There are four approaches that are generally used to elicit a confession in an interrogation – the emotional, confrontational, respectful and factual approaches. These approaches are the core areas most commonly taught in investigator training. In each approach, a number of strategies can be used. One common theme is revealing evidence. The investigator must make a plan about how much evidence to reveal as they choose their approach. They are not mutually exclusive and can be combined. You don’t have to stick to one approach, you can and should change based on what is happening in the interview. We will discuss each approach, the circumstances in which you might consider its use, and concerns about using them with youth. Slide 17

When the interviewer has observed behaviors that indicate the youth is failing to tell the truth in an attempt to avoid the consequences, or because of fear, an emotional approach can be effective. The youth shifts blame for their actions to some source other than themselves. In this model, the interrogator uses the natural inclination of the subject to shift blame and helps create a face saving choice. For example, in a case where a juvenile is suspected of an assault but seems to fear talking about the incident, the investigator might say, “He hurt you really bad and you thought ou didn’t deserve it. Who wouldn’t be mad? You probably didn’t want to hurt anybody but you wanted to make sure he didn’t hurt somebody else. If you tell what really happened, other people would understand.” With this approach, the interrogator becomes the mediator. This encourages the individual to make an emotional decision to confess. It is risky to try to elicit an emotional decision rather than a rational decision. It invokes a parent-child interaction that can turn into greater resistance.

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Specific strategies are used in this approach including minimizing the crime such as “She left you no choice” and giving them an out such as “The drugs made you think crazy thoughts, you weren’t in control.” A significant concern with this approach is that it can lead the youth to believe that they are guilty because they have mean or hateful thoughts or because they have done other things that they believe would get them in trouble with parents or police. They begin to accept the suggestion that there is part of them that is capable of ‘the crime’ and they should confess –even if they are innocent. Slide 18

We are going to watch a video clip. This is an interview of a young woman who is a suspect in an assault case. What is the approach the investigator uses? Emotional, Respectful, Confrontational, or Factual?

Slide 19

Allen Respectful Approach Video:

I = Investigator R = Ruby J = Jasmine

I: I’ve been doing this a long time, okay? I’ve been a detective, a juvenile detective, a long time…and, uh, I find that, um, kids are kids are kids. Um…a) they’re never gonna tell you the whole truth. Okay? Uh, they’re kids. They’re, they’re gonna tell you…and parents are going to be the very last to know… Doesn’t matter how, and I see all aspects of life, uh, parents always think that “oh not my kid I know my kid” well you know what, they don’t, because the kids are not gonna lie to their parents, they’re just not gonna tell them the whole truth. You know? So they’re gonna tell just enough of the story…to keep themselves out of trouble. And they’re gonna stick to that story. The problem is, on the other end of the spectrum is the other side, which…these parents are getting the same thing. I find the truth is usually somewhere in the middle, um, of both sides.

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I: So…with that being said I’m glad that you came in and you, you’re gonna talk, because I think that it can only help you really. Um, I can tell you, Jasmine, that I have uh… I’ve spoke to several people, the uh Mr….you’ve gotta know him…Mr…uh…Cossan, I spoke to him…uh yesterday and I spoke to a couple of the people who, who witnessed and viewed the fight. Umm…and quite frankly…if I go on it…on its face of what actually occurred you, you would be in trouble today, okay? Um, and probably would be, arrested for the battery. Now, with that being said I know that there, was some things that occurred Friday.

J: Mhmm.

I: Uh, and it kinda carried over and it led into this, alright? Umm…But yes, I would like to hear, from you, what kinda transpired, what happened, what made this…you know, brought this to a head.

R: Be..be..before she starts, um can I, just um, advocate for her?

I: Well, uh, you can mom, I…and uh…that’s, that’s…yes. But it’s gonna be important that I hear it from her. Do you, how much of this do you know about?

R: I know about it from Friday. But I don’t want to talk, about the incident.

I: Okay.

R: I’m gonna let Jasmine talk about the incident.

I: Mhmm.

R: What I want to do is I want to let you know, firsthand, I had her write these apology letters, for, what she has done. One to herself, one to Ms. Williams and Ms. Rice, one to her principal, and one to the girl that this situation occurred.

I: Okay.

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R: Jasmine has also been suspended, from school, for five days. Jasmine also is involved in the Kley…the Key Club, the Starfish, the Mentor and Me. She’s um…a stone gang role model, she’s in student government…

I: Mhmm.

R: She’s also in the Key Club, and Starfish, and the Civil Air Patrol, and 21st Century Scholars.

I: That’s pretty impressive. Really.

R: She gets straight As indeed.

I: That is very impressive.

R: Jasmine…is going through a lot. Her mother passed away in February…

I: Mhmm.

R: …of this year. And previously had been going through a little rough time. Jasmine is a great kid.

I: And that’s uh…

R: She made a bad decision.

I (16:16): Absolutely. Listen, there’s a lot of good people…a lot of good people, in prison right now, that are good people. They made a bad decision. And there’s a lot of people out there who are bad people…and make a lot of bad decisions and they never get caught. And unfortunately, I guess the fortunate thing is this…mom…that’s a very commendable resume she’s already built for herself.

Slide 20

In this video, the investigator is primarily using the respectful approach. This approach can be combined with other approaches that we have discussed. It is characterized as a genuine regard for the youth as a person. The respectful

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approach shows an acceptance of the suspect’s circumstances and there is a perceived attitude of their humanity.

Studies show that when the suspect is treated as if they have value, they will at least consider confession. A respectful approach has an absence of dominance. Resistance to confession increases when the suspect is berated or looked down upon. Police interviews that are perceived as humane result in more admissions.

In a survey of convicted offenders who have confessed to their crime, the number one reason for confessing was NOT the evidence, it was not a threat or confrontation, it was being treated like a human being.

Slide 21

In this next video clip, what approach does the investigator use? Emotional, Respectful, Confrontational, or Factual?

Slide 22

Allen Factual Approach Video:

I = Investigator R = Ruby J = Jasmine

I: I, I…I believe everything that’s transpired, okay? Now, uh, I guess my first question to you, um Jasmine, would be…Looking, looking at it from this side of it, can you see where, the problem arises? Where you walk out to the bus stop to confront her?

J: Well…yes and no, because, the reason why I did it at the bus stop, to be away from school because I didn’t want to get suspended. And she, clearly made it, a point that she wanted to fight me when she got in my face Friday.

I: That was Friday. This is, this is, you know…48-72 hours later, okay? I mean, that’s, that’s, that’s a big time lapse. A big time lapse, okay? You walk up to, and and listen, if this was a case of mutual combat, you know what mutual combat is?

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J: Mm mmm.

I: Mutual combat is when you and I are gonna fight. We both know we’re gonna fight. We’re gonna meet to fight. Okay? And we’re gonna fight. That’s mutual combat. Both parties are, are actively vested in fighting. Does that make sense to you?

J: Mhmm.

I: That’s mutual combat. They won’t file charges on that. But that’s not what occurred here. You walked out, you approached her at the bus stop, okay? And not only did you approach her at the bus stop…by your own account, you struck her first. There’s, there’s the problem. Okay? Do, do you see? You’re a very, obviously, a, very intelligent girl. So, I, I know that I’m not telling you anything that you don’t know. It’s pretty easy to get caught up in the bad things, in the wrong things, do the wrong things, and, peer pressure’s a hell of a deal.

J: Nobody pressured me. Nobody said, “Jasmine go fight Beverly.” Nobody…I don’t care what other people…

I: Were there not some, uh, other girls that walked up there with you?

J: Yeah…

I: Okay.

J: But every…that’s not…

I: Okay. I want you to think about the other girls that walked up there with you.

J: But they…everybody rides that bus. They was going to the bus stop to ride the bus.

R: Any day…

J: …Everybody rides that bus.

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I: I understand that.

J: So nobody peer pressured me.

R: That bus stop is the designated bus stop that she uses every day.

I: Okay.

J: And nobody really even knew…

R: She was gonna go to that bus stop anyway.

I: What, what I…Again, Jasmine. I’m not uh…I’m not trying to put words in your mouth. What I’m trying to do is just get the truth, and the honest truth so it can be an hon…you know, and quite frankly I’m gonna talk with, um, uh, Beverly’s mom probably and Beverly again, okay? Because not for one second, and I want you to understand this clearly, not for one second, do I think I’m getting the full truth from there, because I, I, it’s not happening. Like I said, she’s gonna give me enough just to keep out of trouble. You’re gonna give me enough to keep out of trouble. Is there a lot of validity and truth to what you’re telling me? Absolutely. But is it what happened? Mmm, I don’t think so. And the reason I don’t think so, is because I have some other people who are, who are independent and not associated with this who are telling me, “Yeah she went out there to fight her, yeah she hit her.” You hit her twice.

J: I hit her once and then she hit me back.

I: Well…

J: But to me, in my eyes, it was kinda mutual combat because I thought she was about to hit me. You saying the situation that happened Friday doesn’t matter because it was 78 hours ago or whatever…but, to me it does matter because she made it a point that she wanted to fight me, and that she didn’t like me, and that she was the type of person that would just fight, it didn’t matter where she was at.

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I : Okay, I, uh, and I’m not here to uh, you know, I, I…obviously can’t probably influence what you think and what you don’t think. What I can do is, is tell you, kinda how the law works. 72 hours is a lot of time, okay? A lot of time. And the fact that you carried it over 72 hours, and then you approached her at a bus stop, shows that you’re the one with the intent, you’re the one that, that is the aggressor.

Slide 23

This investigator was using the factual approach, which can be successful in instances when large and sophisticated investigations have been conducted. The approach works best when clear, overwhelming evidence of the suspect’s guilt can be presented. The strategy of persuasion is used to convince the suspect that there is already enough evidence to find them guilty and they should cooperate with the investigation.

Some experts in the field of youth development advise that it would be best to have counsel present in interrogations where the evidence is overwhelming. It might convince counsel of the benefits of cooperation and especially in a case in which you are looking for ‘bigger players’, counsel may want to cooperate.

Keep in mind that pressuring youth with a particular scenario may lead to problems with suggestibility. The juvenile might accept the evidence as real whether it is accurate or not. For example, you tell a juvenile suspect there is an eye witnesses who has identified him and his car at the scene at 10PM. The juvenile then thinks: “Well, they have the information and they believe it is true. It might as well be true.” The juvenile then takes what you have presented as a story and makes it his/her story. The juvenile even begins to believe that they were at that location at 10PM. The innocent juvenile doesn’t ‘reason’ that there are thousands of similar cars and that an ‘eyewitness’ account might be unreliable.

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Slide 24

We are going to watch another video clip. What approach does the investigator use? How does the youth respond? What admissions or confessions does the youth make?

Slide 25

Thomas Cogdell Confrontational Video:

M = Mike C = Thomas Cogdell

M: I mean, there’s certain things, that’s just, it’s inevitable for us to think that because you’re awake, in the house, she’s in the next room, she comes up dead.

C: Okay.

M: Now, all I want to know...I really want to know why?

C: Why what?

M: Why you would kill your sister?

C: I wouldn’t.

M: But you had to have. If your mother didn’t, that just leaves you.

C: Well I know I didn’t kill her. I know I didn’t.

M: You know you didn’t?

C: Yes, I know I didn’t.

M: Well then how’d she wind up like that?

C: I don’t know. I seriously don’t know. I didn’t kill her.

M: You killed your sister.

C: I didn’t kill her. I didn’t. (starts crying)

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M : You’ll feel a whole lot better if you just tell me.

C: I didn’t. Not. I didn’t kill her. I did not.

M: Then who killed her? It had to have been you son.

C: I didn’t do it. I didn’t kill my sister. I wouldn’t kill her.

M: Well I agree, she didn’t deserve to die like that? And, I don’t know what your intent was. I’ve, I’ve heard the word roleplay, I’ve heard everything. And that’s really immaterial to me. The only thing I want to know is why?

C: I didn’t do it, okay? I didn’t. I didn’t kill my sister. Is there any way I can prove that to you?

M: It’s gonna be difficult.

C: Well I didn’t do it.

Slide 26

The investigators here were using a confrontational approach. This approach might be used when inconsistencies in statements are found, there is evidence that the juvenile has been lying about their statements and they are resistant. The suspect is presented with the inconsistencies of their statements or challenged on their ‘lies.’ With both adults and juveniles, it invokes a parent / child dynamic. The confrontational approach must be used cautiously because it sometimes influences the suspect to deny.

Special caution should be taken with youth. Some youth are intimidated by adults. We should not be fooled by their lack of apparent fear or their bravado. Some youth are so distrustful of adults because of past abuse or poor treatment that confrontation only invokes a self-protection or survival instinct and they shut down. Using the confrontational approach only heightens the perception of an imbalance in power. This approach could potentially lead you down the road of coercion.

On the next slide, compare the pros and cons for each approach we’ve discussed, then hit the forward arrow to continue.

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Slide 27

Interrogation Approaches Activity

Slide 28

If a youth denies they committed the crime or delinquent act, it is important to pay attention to some key characteristics of their denial.

An emphatic denial is when a juvenile refuses to acknowledge the truthfulness of the accusation. It can be a nonverbal shaking of the head or a verbal statement such as “No, I didn’t do it.” Pay attention to this type of denial. It is not unusual for youth- innocent or guilty - to say they didn’t do it at the beginning, most do. But if the youth continues to maintain a clear and direct denial there may be validity to the statement. Adults will get extremely adamant from the beginning and maintain the denial when they are innocent. An adolescent may not be that clear and strong in their denial because they don’t always understand the consequences or the possible outcome. An adult’s insistence comes from a much clearer understanding that admitting to something or failing to make their denial clear can lead to unwelcome consequences.

If the youth maintains a direct denial it might mean that they didn’t ‘do it’ or it could mean that they were present but did not commit the specific act for which they are being accused.

Explanatory denials are when the suspect offers an excuse or a reason why they could not or would not be involved in the incident. A youth’s explanatory denial might actually be a signal of progress in the interrogation stage. Examples of explanatory denials are: “I wouldn’t have killed him… he was my friend,” or “I wouldn’t have taken that money…I don’t need it.”

One strategy for getting past a false explanatory denial is to direct the conversation toward removing blame from the suspect. The investigator can give the youth reasons or excuses (rationalizations) for their involvement in the incident that minimize the seriousness and make the suspect’s actions understandable. When the youth gives an explanation it can be an indication

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that they are feeling a sense of blame and they are trying to give reasons why they would not have done it. When the investigator helps to shift the blame it can open the door to admissions. The investigator chooses someone on whom to shift the blame.

Slide 29

Let’s review the difference between the admission and a confession. An admission is a statement of knowledge, presence, involvement or responsibility. A confession is an admission of guilt for the act they have been accused of committing.

Admissions can be made that are truthful. Sometimes admissions are partial truths or a minimization or an exaggeration to distract the investigator from the full truth. For an example, a suspect might admit to being at the party or engaging in underage drinking but deny that they assaulted anyone. By admitting to their presence, they might believe that the investigator will view them as cooperative and not pursue them as a suspect.

Slide 30

It is important to remember that the youth we see in the interrogation room are still kids. Here’s some interesting data from a recent national study done by the University of Virginia of 1,828 law enforcement officers in 10 agencies around the nation. They have found that though many officers have knowledge on child development, they are not applying this knowledge to youth interrogation. In fact, the officers surveyed stated that the youth they see in the interrogation room “are not like normal kids but are more like adults.”

Slide 31 Let’s talk about the kids in the interrogation room, and what makes them different from adults, including interrogation methods that are appropriate to use with them.

Suggestibility is important to define before discussing the various approaches to youth interrogation. During an interrogation, the investigator is doing much

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of the talking and telling the suspect what they as the investigator believe happened. Their questions are leading and direct. By providing information to the youth in the combination with other techniques, there is an increased chance that they may incorporate the investigator’s information into their own story, whether it is truthful or not. In some cases, the juvenile actually begins to believe the untrue story as reality. Investigator statements that invite the resistant or denying juvenile to ‘just imagine’ or ‘to pretend’ as a way to lead to an admission or a confession may be leading them to false or coerced confession. Suggestibility is a factor that needs to be considered in each of the approaches and techniques we have been discussing.

Slide 32 Using trickery or a ruse is an accepted and legal practice in investigatory interrogation. If the evidence is not conclusive and there is concern about revealing certain evidence and the investigator is reasonably sure that the suspect is guilty, it is not uncommon for the investigators to lead the suspect toward confession with fabricated information. One example of a ruse might be suggesting to a juvenile that there is going to be a line-up the next morning even if there is no line up scheduled. The investigator might even add a deception saying there are two witnesses being brought in to identify them when in fact there are no witnesses.

A common bait technique is telling the juvenile that peers have made statements against them and said the crime was all their idea. The loyalty or betrayal by peers is a tender issue for youth.

These techniques might work more effectively with youth because they are more susceptible to suggestions. Some youth might conclude that they should go along with the lie so he or she can go home. They come to believe, especially if the interrogator uses minimization or suggestions, that things will be much better if they just admit that they did it.

Using these techniques has raised some controversy. Consider the following experiment.

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Slide 33

In an experiment, a group of 12 and 13 year olds, 15 and 16 year olds and young adults were recruited to type data into a computer. They were told that under no circumstances should they hit the ALT key on the keyboard. They were told that if they touched the ALT key, the computer would crash and all the data would be lost. The researchers were able to monitor if the ALT key was pressed.

The students were given an opportunity to type for a while and then they were led to believe that they had hit the ALT key when they had not. They were told by the adults managing the study that there was indisputable evidence that they had hit the ALT key. They were then asked to sign a confession stating that they had crashed the computer and were told that the consequence would be spending an additional 10 hours retyping the information into the computer.

78% of the 12 and 13 year olds confessed, 66% simply picked up the pen and signed the statement without question or comment. 72% of the 15 and 16 year olds confessed with 50% simply picking up the pen and signing the statement without question or comment. The students seemed to accept the suggestion that they had done something wrong and had to admit to it.

Psychological approaches should be used with caution. They can increase incidence of false and coerced confessions from juveniles.

Should there be boundaries with youth? Answer the question on the next slide then hit the forward arrow to continue.

Slide 34

Youth boundaries activity

Slide 35

“Youth is a risk factor for providing a false confession.”

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Multiple research studies done over the last 15 years show repeated evidence that youth are more susceptible to providing false confessions, compared to adults. In one study of 340 exonerated cases, 42% of the wrongfully convicted youth falsely confessed compared to 13% of the wrongfully convicted adults. Among the youngest (12-15 years of age), 69% falsely confessed.

It’s recommended to use the techniques we are discussing for youth witness interviews as well. A Northwestern University study found that false statements, including suspects, victims, and witness statements, from the youth contributed to over one half of wrongful youth convictions.

Slide 36

There are two types of false confessions that can be induced through police interrogation:

• coerced-compliant false confessions and

• coerced-internalized false confessions.

The main difference between them is that in the coerced-compliant false confession, the suspect usually retracts the confession soon after the interrogation is over, while in the coerced-internalized false confession, the suspect comes to believe that he or she actually committed the crime.

Slide 37

What causes these false confessions? Coerced-compliant false confessions are attributed to “the pressures or coerciveness of the interrogation process.”

These pressures include:

• the confrontation process ,“during which interrogators exploit the psychology of inevitability to drive suspects into a state of despair,”

• minimization, which is “a process of providing moral justification or face-saving excuses”

• physical custody and isolation,

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• and duration of interrogation. In one study, 85% of the youth’s false confessions were from interrogations that were six hours or more.

Slide 38

Another reason for a coerced-compliant false confession is if the suspect “comes to give in to the demands and pressures of the interrogators for some immediate instrumental gain.”

This gain can include ending the interview, being allowed to go home, or avoiding being locked up; basically the suspect wants to escape from the stressful situation he or she is in.

While the suspect may be aware of the future negative consequences of making the confession, “the perceived immediate gains outweigh the perceived and uncertain long-term consequences.”

Coerced-internalized false confessions also result from the pressures of interrogation, but here the pressure can cause a suspect who initially had a clear recollection of not committing a crime to distrust those recollections and eventually confess to a crime they did not commit.

It is also possible that the suspect initially has no memory whatsoever of the events, could not remember what they were doing at the time of the crime was supposed to have taken place, and during the interrogation comes to believe that they must have committed the crime

Slide 39

There are a number of high profile cases that have involved giving Miranda or youth giving false or coerced confessions. A number of these cases brought to light many of the concerns we have discussed in this workshop.

Lacresha Murray an 11-year old was charged with murdering an infant left in her grandmother’s care. She was questioned by the police who stated that she was not in custody at the time of her interrogation. She was tried and found guilty. The court of appeals later overturned her conviction. Looking at the question of custody through the eyes of Lacresha, an eleven year old girl who

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had never been through the legal system before, who was isolated and alone throughout the interview, who was the target of the police investigation, and who was never told she was free to leave or that she could call her grandparents. The Courts ruled that Lacresha was in custody at the time of the interrogation. They ruled the trial court had erred when it admitted Lacresha’s recorded and written statements into evidence at her trial. The court took issue with the trial court’s finding that Lacresha was not in custody at the time of her interrogation, holding that “it is appropriate for Texas courts to consider the age of the juvenile in determining whether the child is in custody.”

Joshua Treadway was a 15 year old who was a friend of Michael Crowe’s and was accused of murdering Michael’s sister Stephanie. He was subjected to multiple interrogations that were extremely lengthy. The length of Joshua’s interrogations likely contributed to his ultimate confession. Many have suggested that limits be placed on the length of interrogations because the longer the interrogation, the more coerced it becomes, and therefore the more likely that it will produce involuntary and false confessions. Remember children and adolescents have a different conception of time; interrogations which last several hours can seem like an eternity to a child.

B.M.B. was a 10 year old boy charged with rape. During the interrogation B.M.B. denied he had touched the girl. The police ignored his denials and eventually he reluctantly admitted he might have touched the girl. The conviction was later reversed because the police failed to show he understood his rights and the consequences of waiving them.

Slide 40

Let’s talk about how to reduce the likelihood of false confessions with youth. Traditional adult interrogation approaches have proved inappropriate for use with youth. A common denominator in each of these cases is that it is unclear whether any of these youth understood Miranda and that they have the right to refuse to answer questions, or to seek advice from an attorney. Early research on false and coerced juvenile confessions suggests that a parent and attorney be present to avoid these problems.

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Videotaping ensures that there is a system of checks and balances to determine if the juvenile was competent to make a confession and if the conditions under which they were made were not coerced. In some of the cases of youth false confessions, strategies were used that were not appropriate for use with adults such as denial of food, water and reasonable breaks.

Because of the youth’s developmental limitations in cognitive abilities, reasoning, and suggestibility, researchers and experts in the field recommend that psychological tactics not be used with juveniles. We recommend at least considering to avoid them when it is developmentally inappropriate.

And then again, as discussed, it’s recommended to limit the length of a juvenile interrogation to guard against false confessions.

On the next slide, tell us what you would do to reduce the likelihood of false confessions with youth, then press the forward arrow to see what past training participants are doing.

Slide 41 and 42

Reducing likelihood of false confessions activity

Slide 43

We are going to watch the first part of an interview that shifts to an interrogation. Observe and identify the elements of the approach, analyze the suspect’s behavior and determine the approach and strategies you would consider taking next in the interrogation.

Slide 44

Final Interview/Interrogation Analysis Video Part 1

Officer: Mr. Jones I appreciate you coming. Mr. Jones I really appreciate you taking time out of your day. We got a little problem we kind of need to figure out what’s going on, how we can help everybody to the best answer. So what’s your full name again?

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Eric: Eric Lee Jones.

Officer: And how old are you?

Eric: 16.

Officer: That’s cool; do you have a driver’s license yet?

Eric: Uh, I just got my driver’s license.

Officer: Cool. Dad let you take the car out and stuff?

Eric: Not usually.

Officer: No? What kind of car do you have that you get to drive?

Eric: Um, you mean my dad’s car?

Officer: Well what do you get to drive normally?

Eric: I don’t usually get to drive.

Mr. Jones: Occasionally I’ll let him drive one of our cars.

Officer: Is he a good kid?

Mr. Jones: Absolutely.

Officer: Do you do well in school?

Eric: I do.

Officer: So what’s your favorite kind of car you drive?

Eric: The fastest.

Officer: Faster is better?

Mr. Jones: That’s the problem.

Officer: Are you one of these need for speed guys?

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Eric: Um, I wouldn’t say that, but…

Officer: How do you do in the Grand Theft Auto game?

Eric: Oh, I love that game.

Officer: I got like…my thumbs just don’t work right. My kid, he does that awesome. I’m always wrecking it up. I’m like the arcade kind of guy you know where you got to sit and you can…I’m an old guy, what can I tell you? So, you know what happened today right?

Eric: Yes.

Officer: I’m not even 100% sure that dad knows what happened? Maybe you just wanna kinda fill him in?

Eric: Um, well I was sitting in this car and a police officer came up and you know he asked me for my license and...

Mr. Jones: You were driving the car?

Eric: Um, I wasn’t driving the car; I was just sitting in it and...

Mr. Jones: Okay.

Eric: And um he came back and told me that it, that it had been reported stolen.

Mr. Jones: Okay.

Eric: But I didn’t steal it.

Mr. Jones: He definitely did not steal a car.

Officer: All right well you know what, I didn’t say he stole it I just kind of want to find the background out here.

Mr. Jones: Okay I get it.

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Officer: Tell me, what, do you remember why the police officer was attracted to the car? Do you remember what he said?

Eric: Um, well he noticed a screwdriver in the igni…

Mr. Jones: Can I, can I interrupt here for just a second, officer?

Officer: Yeah sure.

Mr. Jones: Is he being accused of something, I mean do I need to uh talk to somebody outside of this room?

Officer: Well you know what, why don’t we kind of see where this goes and if at any time you think you need to chat with somebody you’re more than welcome to, but I think what we really want to do is come to the, come to the bottom of the truth, and see what we can do because yeah your son was behind the wheel of a stolen car.

Mr. Jones: But he didn’t steal the car.

Eric: I didn’t.

Officer: But it is a crime in our state to be in possession of that stolen car, but I think, you know, let’s work it out. Maybe he can explain how he became in possession of that car and why he was sitting behind the wheel of the car and that’s what I was going to let him tell us both?

Mr. Jones: Okay.

Officer: So you were sitting outside the Chinese restaurant.

Eric: Well it was actually a row of shops. I..what happened was, um, I was with a friend, my friend Joey, and um…

Officer: Ok, what’s Joey’s last name?

Mr. Jones: Joey.

Officer: Do you know Joey?

Mr. Jones: Yeah I know Joey.

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Officer: All right.

Eric: Well anyway, um, he asked me to go with him downtown to, you know, run a few errands and um he had to run into a few shops, he parked the car and he just said you know wait for me you know until I get back out. I was in the passenger’s seat, but, um you know, because I don’t get to drive very much I just wanted to sit, you know...

Officer: It’s kind of cool to sit behind the car. What kind of car was it again?

Eric: It was a Toyota Camry.

Officer: Was it sooped up, good stereo system?

Eric: Uh, it had I guess a decent um stereo. It wasn’t like all that great, but um, it was, you know, just a regular car.

Officer: Kind of nice to be able to drive without having to get permission from anybody.

Eric: Well, I didn’t drive it I was just sitting behind the wheel. Um, I don’t, I don’t know how he got the car. I didn’t ask him, I just went with him.

Officer: You went with….

Mr. Jones: I’m sorry, has anybody talked to Joey?

Officer: Well that’s what I was going to…we’re going to talk to Joey a little bit later.

Mr. Jones: Okay.

Officer: We gotta find Joey. This is the first I heard about him.

Mr. Jones: Okay.

Officer: So now you were just kind of sitting behind the wheel of the car, the car was running and the screwdriver…didn’t you find it kind of strange that there was a screwdriver in the ignition?

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Eric: Well he told me that, um, the key had broken in the ignition. Um, his dad, it was his dad’s car and he had just gotten it, but the key had broken in the ignition and so they had to pull the ignition out and use a screwdriver until they got it fixed and they didn’t have the money to get it fixed so that’s why they had to use a screwdriver.

Officer: Does Joey get to drive a lot? Have you seen him driving?

Eric: Um, he does. I know that his dad lets him drive a lot more than I’m allowed to drive, um, but I hadn’t seen him you know in a couple of weeks so you know I really wanted to hang out with him.

Officer: So when he’s driving what is he normally driving, before today?

Eric: Well it depends on whose car he borrows, but the car that his dad had before was a Nissan. I think it was like an Altima or something like that, but it broke down so they had to get another car. At least that’s what he told me, I don’t, I don’t know, but um…

Officer: It kind of sounds like this car is breaking down too. Broken screwdriver? That didn’t kind of tweak your attention? Didn’t seem strange to you?

Eric: I mean a little bit, but not enough to keep me from hanging out with my friend.

Slide 45

Final activity questions

Slide 46

The next clip is a completion of the interrogation. While watching, identify the elements of the approach and analyze the suspect’s behavior and the outcome

Slide 47

Final Interview/Interrogation Analysis Video Part 2

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Officer: That didn’t kind of tweak your attention, didn’t seem strange to you?

Eric: I mean a little bit, but not enough to keep me from hanging out with my friend.

Mr. Jones: Well they usually have pretty raggedy cars anyway, Officer. We’re not talking about, you know, the latest model fancy European car that they typically drive. That’s one of the reasons I don’t like you hanging out with him. He’s trouble. That’s probably who you should be talking to.

Officer: Oh, we’re definitely going to chat with Joey. This is the first I learned about him.

Eric: Well I mean it, it is possible that the, the car being reported stolen is a mistake, right? I mean it’s not…

Officer: I already spoke to the owner. He went to bed last night, the car was in his driveway, the keys were in his pants pocket. When he woke up this morning to go to warm it up before work because of that little bit of snow we had, the car wasn’t there and he doesn’t have any kids and his wife was next to him. She didn’t know where the car was, so I’m not thinking that’s a mistake. Is the first time you’ve ever been in trouble?

Eric: It is.

Mr. Jones: Well what do we mean by trouble here? I thought he was just here trying to help you solve a crime or catch up with Joey.

Officer: Well like I said before it is a crime to be sitting in possession of the stolen car and we’re just trying to find out how he came into possession. You know and he’s saying Joey, I got to talk to Joey and see if Joey’s even in town, you know. Joey’s going to have an alibi that I gotta run out, just like you have one. See the bottom, my honest goal is to get to the bottom of the truth. I want to find out what happened and if you took the car and you’re afraid to tell me because dad’s here, I understand that. I also understand because I like to drive. That’s what I like about being a cop. I’m on the road driving all the time. Nobody tells me what to do. I’m kind of my own boss and it’s kind of a

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cool feeling to be able to do like that. Turn the radio on, window down and I understand that and if that’s what happened, I’m okay with that. I just need to know so I know how to help you cause that’s what I want to do. I want to be able to help you. Maybe afterwards we’ll work out something where you and dad can work out a little better deal on your driving skills. The bottom line is it’s all about you man, we’re going to get you help for whatever happened. If Joey did you wrong, if you took the car and you... Do you want to spend some time with dad and want to tell dad what really happened?

Eric: Yeah, um, I did take the car.

Officer: All right. So look I told you we’re going to get him the help. Why’d you take the car?

Eric: It’s just like you said, I, I just wanted to be on my own.

Officer: Well you didn’t say that because I said it, is that really the truth?

Eric: Well, that is the truth.

Slide 48

Final activity questions Part 2

Slide 49

When an interrogation has ended, whether it is successful or not, the interrogator should prepare a written report detailing the circumstances surrounding the interrogation and any admissions.

Any unusual requests or problems that occur during the interrogation should be documented. It should also be noted whether the suspect was allowed to go to the rest room or was fed during the interrogation. If you bring food in from the outside, it is helpful to have the suspect write their order on the menu or a piece of paper and place their name on it. This can be added to the case file to document that the suspect wasn’t deprived of food or drink during the interrogation.

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The interrogator’s notes during the interrogation should also be kept in the case file. Anything that is written is part of the file and is subject to discovery by an attorney. There are no side notes. Some of us are under the belief that only formal documents can be subpoenaed. This is a myth! Your notes can also be subpoenaed. Therefore you should be very careful about what you write in your notes. Only write about a single case. Do not write any personal opinions. Don’t doodle!

Slide 50

Consider this quote: “Change is inevitable, compliance is optional, but there are consequences for failing to comply.”

So much new information is coming out all of the time and we are going to see changes in the laws and regulations that guide our interview and interrogation practices with juveniles. We can choose to take that new information and use it or continue to use practices we have used in the past.

With more and more research on brain development, legal experts suggest that in the coming years, there will likely be a shift in legal boundaries and acceptable practices with juveniles. We will need to keep abreast of the newest case law and be sure that we are working within the boundaries of the law. As importantly, we should use caution and good judgment choosing interview and interrogation techniques with this population. Finding the facts and getting to the truth can take time and care. No one is served by getting a false confession. Nor is our time being used well if our confessions are viewed as coerced and our cases fail.

Slide 51

In summary, remember these key takeaways:

• Interrogation is not a fishing expedition

• Beware of potential investigative traps

• Special cautions are necessary with youth

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• Youth is a risk factor for false confessions

• Courts consider the “totality of circumstances”

• Use developmentally appropriate Miranda statements

Slide 52

We encourage you to review the items in the resource folder that may be helpful for you when preparing for juvenile interviews and interrogations, including some sample forms for juvenile interview and interrogations from various jurisdictions around the country, information on our topic relevant executive guide, and an IACP training key.

Click the forward arrow to complete this training by taking a short quiz on what you have learned. Once you have completed the quiz, please take a few minutes to complete the evaluation for this training. Your feedback is important to us. Thank you!

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