Brief of Amici Curiae Juvenile Law Center, Wicklander-Zulawski & Associates, Inc., and Professor Brandon Garrett in Support of Appellee and Affirmance
Marsha Levick
SummaryOriginal

Summary

Youth like the Respondent, and particularly those with intellectual disabilities, are uniquely vulnerable to police pressure and subsequent false confessions.

2016 | Federal Juristiction

Brief of Amici Curiae Juvenile Law Center, Wicklander-Zulawski & Associates, Inc., and Professor Brandon Garrett in Support of Appellee and Affirmance

Keywords police pressure; police interrogations; police training; disabilities; youth; false confessions; social science research; vulnerability to false confessions; coercion; juvenile; child false confession
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Summary of Argument

The “greatest care” must be taken when questioning children to ensure their confessions are voluntary. In re: Gault, 387 U.S. 1, 45, 55 (1967). See also Haley v. Ohio, 332 U.S. 596, 599-600 (1948); J.D.B. v. North Carolina, 564 U.S. 261, 271-72 (2011). Amici write to underscore the importance of these protective legal standards to the truth-seeking function of police interrogations. The importance of protecting vulnerable youth from police coercion is grounded in police best-practices, supported by social science research, and recognized by decades of Supreme Court case law. These protections are even more vital for children with limited cognitive abilities. Indeed, leading authorities on police interview and interrogation techniques have pointed to Brendan Dassey’s interrogation as an example of improper use of coercion and poor technique.

Failing to address these vulnerabilities heightens the risk of false confession, leaving the actual perpetrators at large, and undermining public safety.

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Summary of Argument

The legal principle of ensuring voluntary confessions, particularly when questioning children, is paramount to uphold the integrity of the justice system. This principle, established in landmark cases such as In re: Gault and Haley v. Ohio, underscores the importance of safeguarding vulnerable youth from undue influence during police interrogations.

The protection of children with limited cognitive abilities is crucial, as evidenced by the well-documented case of Brendan Dassey, where improper interrogation techniques led to a potentially coerced confession. This practice raises significant concerns about the potential for false confessions, impeding effective investigation and jeopardizing public safety.

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Summary of Argument

Police must exercise "greatest care" when questioning children to ensure that their confessions are voluntary. This is because children are especially vulnerable to coercion and pressure.

The importance of protecting children from police coercion is grounded in police best-practices, supported by social science research, and recognized by decades of Supreme Court case law. These protections are particularly vital for children with limited cognitive abilities.

Failing to address these vulnerabilities increases the risk of false confessions, which can allow actual perpetrators to remain free and undermine public safety.

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Summary of Argument

It's crucial to be very careful when questioning kids to make sure their confessions are freely given, not forced. This is important because young people are more vulnerable and susceptible to pressure from adults.

When police question kids, they need to be extra careful to ensure they are not coerced. This is backed by decades of Supreme Court rulings and expert advice on how to properly conduct police interviews. Ignoring these safeguards can lead to false confessions, which means the real criminals might not be caught, and public safety could be compromised.

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Summary of Argument

It is very important to be careful when talking to kids to make sure they are telling the truth on their own. This is because kids and teens are more likely to say what they think an adult wants them to say. The police need to make sure they don't trick kids into saying things they didn't do. This is important because it helps the police find the person who actually did the crime and keeps everyone safe.

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Footnotes and Citation

Cite

Brief of Amici Curiae Juvenile Law Center, Wicklander-Zulawski & Associates, Inc., and Professor Brandon Garrett in Support of Appellee and Affirmance, Dassey v. Dittmann, No. 16-3397 (7th Cir. Dec. 19, 2016).

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