Police are under pressure to solve crimes, and the easiest way of doing that is getting suspects to talk. And they’re more willing to talk when detectives lie to them, as in “your buddy told us you were there.” Courts have ruled this is generally okay.
The problem is some people admit to things they didn’t do, resulting in false confessions that put innocent people in prison. That creates work for groups like the Innocence Project, which “works to exonerate those it believes to have been wrongfully convicted.”
Common sense would suggest that kids are more likely to fall victim to deceptive police tactics than adults, especially if the adults are cynical and hardened lawbreakers who’ve been through numerous police interrogations before. Research shows that’s true; “children are two to three times more likely than adults to falsely confess to a crime, according to a 2017 article published in the New York University Law Review. That, in turn, also puts them at greater risk of being wrongfully convicted,” CNN says.
So, Illinois has decided to make confessions obtained from juveniles by deception inadmissible in court. Lie to the kid, the confessions gets tossed out. The bill has passed the legislature and only needs the governor’s signature. It wasn’t partisan; legislators from both parties supported it.
Other states are looking at the issue and may follow suit; similar bills are pending in New York and Oregon, CNN reported on Monday, May 31, 2021 (read story here).
There’s a common-sense piece of advice, applicable to both juveniles and adults, that completely avoids the problem — in all 50 states, and without any legislation on the books. It’s simply this: When cops says, “We’d like to ask you a few simple questions,” your answer to every question should be, “I want a lawyer.” You have no obligation to talk to the cops or answer their questions. None.
By refusing to talk to them, you’re exercising your rights, not being a bad citizen. You should exercise this right even if you’re completely innocent, know nothing about what they’re investigating, and have no useful information that would help them solve a crime. That’s because they can spin even saying “I don’t know” into criminal charges simply by accusing you of lying when you say you don’t know.
So, never agree to appear at a police station. Don’t agree to answer questions. If they detain you, and you’re not free to leave, make them either charge you with a crime or release you — they’re required to do one or the other. And always get a lawyer when the police are interested in you, and do so immediately; don’t wait for things to sort themselves out. In this situation, the cops aren’t your friend; they’re trying to pin something on you, whether you did it or not, because their job is to clear cases, not protect the innocent.
At least, that’s how they see it, 100% of the time.
In the videos below, a North Carolina lawyer shows how to cope with highway checkpoints set up by cops trolling for fish, and a lawyer explains in layperson’s language what your rights are and how to handle interactions with the police.