Wisconsin Innocence Project Amicus Brief
Wisconsin Innocence Project
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Summary

Psychological tactics commonly employed by police during interrogations are coercive and can lead to involuntary and false confessions, especially in juveniles due to developmental deficiencies.

2023 | State Juristiction

Wisconsin Innocence Project Amicus Brief

Keywords age; police interrogations; Miranda custody analysis; confessions; developmental deficiencies; involuntary statements; maximization; minimization
wisconsin innocence project

Summary of Argument

Contrary to intuition and public perception, false confessions happen at an alarming rate. Of the 375 documented DNA exonerations through 2020, 29 percent – or 108 cases – involved false confessions. These cases reveal that current psychologically coercive police interrogation techniques “induce a frighteningly high percentage of people to confess to crimes they never committed.” Corley v. United States, 556 U.S. 303, 321 (2009). When psychological interrogations are applied to children, the risk of false or involuntary confessions is magnified and increases as the child’s age decreases.

As amicus in this case, the Wisconsin Innocence Project is devoted to the exoneration of wrongfully convicted individuals and the improvement of the criminal justice system. Amicus Kimberly Thomas is an academic and clinician who focuses on criminal law and procedure and juvenile justice. Amici Imran Syed and Elizabeth Cole are academics and clinicians who focus on criminal law and wrongful convictions.

Amici have an interest in ensuring that the full range of constitutional protections are afforded to all individuals – including children – during interrogation. Amici respectfully offers this brief to present a broad legal and scientific perspective on false and involuntary confessions to the end of informing the Court’s determination of the specific coercive factors in this case and how they may have affected a fourteen-year-old child.

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Summary of Argument

The prevalence of false confessions challenges common assumptions and public perception. A significant proportion of documented DNA exonerations, specifically 29 percent or 108 cases, involve false confessions. These cases expose the alarming rate at which psychologically coercive police interrogation techniques induce false confessions. This risk is exacerbated in the case of children, where the vulnerability to false or involuntary confessions escalates with decreasing age. This amicus brief, submitted by the Wisconsin Innocence Project, emphasizes the importance of safeguarding constitutional protections for all individuals, especially children, during interrogations. The brief presents a comprehensive legal and scientific perspective on the phenomenon of false and involuntary confessions to guide the Court's assessment of the coercive factors in the present case and their potential impact on a fourteen-year-old child.

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Summary of Argument

Contrary to common understanding, false confessions are a prevalent occurrence. Among the 375 documented DNA exonerations by 2020, 29% – 108 cases – involved false confessions. These cases demonstrate that current interrogation techniques, often psychologically coercive, have led to a significant number of individuals confessing to crimes they did not commit. The risk of false confessions is further magnified when these techniques are applied to children, with the risk increasing as the child's age decreases.

This brief, offered by amici curiae, aims to provide the court with a comprehensive legal and scientific perspective on the issue of false and involuntary confessions. The amici, comprised of individuals dedicated to exoneration and criminal justice reform, advocate for the full range of constitutional protections for all individuals, including children, during interrogation. This brief will specifically address the coercive factors present in this case and their potential impact on a fourteen-year-old child.

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Summary of Argument

Contrary to what many people believe, false confessions are surprisingly common. Of the 375 cases where people were proven innocent by DNA testing through 2020, 108 of them involved false confessions. This shows that the police interrogation techniques currently being used can make people confess to crimes they didn't commit. This is especially true when these techniques are used on children. The younger the child, the greater the risk of them falsely confessing.

The Wisconsin Innocence Project is involved in this case. They work to free people who have been wrongly convicted and to improve the justice system. They are joined by Kimberly Thomas, who studies criminal law and works with young people in the legal system. Imran Syed and Elizabeth Cole, also experts in criminal law, are involved as well.

These experts believe that everyone deserves the full protection of the law during police questioning, including children. They have provided information to the court to help it understand how coercive police techniques can lead to false confessions, especially from children. This information is intended to help the court decide whether or not coercive techniques were used in this case and how they may have influenced a 14-year-old child.

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Summary of Argument

It might seem surprising, but many people confess to crimes they didn't do. Out of 375 people proven innocent by DNA tests, almost one-third confessed to crimes they didn't commit. This happens because the way police question people can sometimes make them admit to things they didn't do. When kids are questioned, it's even easier for them to confess to things they didn't do.

The Wisconsin Innocence Project wants to help people who have been wrongly put in jail. They also want to make sure that police question people the right way, especially kids. Experts on law and kids helped write this document to explain how easy it is for kids to confess to things they didn't do. They want the court to understand how the way police talk to kids might make them confess to crimes they didn't commit.

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Footnotes and Citation

Cite

Brief of Amici Curiae the Wisconsin Innocence Project, Professor Kimberly Thomas, Professor Imran Syed, and Clinical Fellow Elizabeth Cole in Support of Defendant-Appellant, State v. Hauschultz, No. 2022AP161-CR (Wis. Ct. App. Dist. II 2023).

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