A videotape obtained by WBEZ in Chicago of a 15-year-old Waukegan boy confessing to a crime he did not commit has led Illinois legislators to consider a proposal to require a lawyer to be present when a minor is interrogated by police.
The video shows police implying to the boy that he could go home if he confessed – and told him that asking for a lawyer would prolong his detention. The boy’s basketball team later confirmed he was out of town during the shooting that he confessed to.
Fair and Just Prosecution, a network of local prosecutors, points out that minors normally do not appreciate the seriousness of the situation and do not have the mental maturity to knowingly waive their right to an attorney or to make a knowing confession.
The group goes on to say they “will often say what they think they need to say, as quickly as they can, so they can go back home to their parents.”
The American Bar Association, a non-partisan group that includes both prosecutors and defense attorneys, noted that “research shows that juveniles waive their Miranda rights at extremely high rates, with several studies putting it at roughly 90 percent. Yet it’s not clear that these kids understand what they’re giving up.” It took police less than an hour to obtain the false confession from the boy in Waukegan.
Law enforcement groups argue against having attorneys present, saying that an attorney might encourage a child not to talk, and it is the parent’s responsibility to make the decision to hire an attorney. In an editorial by the Chicago Sun-Times, the staff asks “What about the parent who is too overwhelmed or distraught to manage the situation? What happens when a parent can’t be tracked down?….Consider this: Among individuals who were later exonerated for crimes that took place before they turned 14, 86% had falsely confessed, according to the FJP brief.”
