Youth and False Confessions
Between 1989 and 2020 there were 375 DNA exonerations nationwide (cases in which post-conviction DNA testing was central to exoneration). 29% of these cases involved a false confession. Who were these false confessors? 1
- 49% were 21 years old or younger at the time of arrest
- 31% were 18 years old or younger at the time of arrest
The National Registry of Exonerations collects, analyzes and disseminates information about all known exonerations of innocent criminal defendants in the United States, from 1989 to the present. The image to the right contains the statistics for all exonerations involving a youth who made a false confession listed on the Registry as of the date shown.
Why Do Innocent Youth Confess?
Law enforcement’s use of coercive and deceptive interrogation methods such as the Reid Interview and Interrogation Technique can lead to false confessions by anyone of any age. (An overview of The Reid Interview and Interrogation Technique can be found on our website here.) However, the psychological and cognitive differences between juveniles and adults make youth especially vulnerable to these tactics. The prefrontal cortex, the portion of the brain responsible for judgment and decision-making, is not fully developed until the mid-twenties. This means juveniles have:
- difficulty weighing and assessing risk; understanding the seriousness of the situation;
- value short-term perceived gains over long-term outcomes; and
- are vulnerable to pressure and suggestibility.
A few of the ways these psychological and developmental differences may show up in the interrogation room include:
- not understanding the seriousness of the interrogation or the impact of what they say during it
- saying whatever they think the authority figure wants to hear so they can get out of an uncomfortable situation
- waiving their right to an attorney
- if they have an attorney, which many don’t, they may not trust them or understand their role, or simply might not think to provide the attorney with information that would prove their innocence because they don’t understand its relevance
Additional concerns with the use of Reid Interrogation with youth:
- Many of the nonverbal cues Reid Interrogation analyzes as part of the BAI — not making eye contact, inability to sit still, and slouching — are common adolescent responses to tension and pressure.
- Developmental science broadly defines adolescence as ages 10 – 25. Yet the Reid training manual limits this period of development to ages 10 – 15, thus disregarding the fact that adolescents are still maturing and in need of special care during an interrogation.
Reid and False Witness Statements Made By Youth
At least 75% of exonerees of color who were minors at the time of their arrests were falsely implicated by other children2. Why does this happen?
- a youth of color is arrested for a crime and takes a deal in exchange for falsified information on an unrelated crime;
- a youth of color is arrested as a suspect and strong-armed by the police to confess and to implicate other youth; and
- a youth of color “volunteers” false information, whether innocently or threatened by induced questioning, naming other youth in a crime.
Reid Interrogation isn’t just used by law enforcement. Reid & Associates has been offering a one day in-person course for school administrators for decades. Check out our page about it here.
Footnotes