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Real Interrogation: What Actually Happens When Cops Question Kids
Author(s) -
Feld Barry C.
Publication year - 2013
Publication title -
law and society review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.867
H-Index - 74
eISSN - 1540-5893
pISSN - 0023-9216
DOI - 10.1111/lasr.12000
Subject(s) - waiver , interrogation , competence (human resources) , supreme court , psychology , criminology , law , political science , social psychology
Although the Supreme Court repeatedly cautioned that youthfulness adversely affects juveniles' ability to exercise Miranda rights or make voluntary statements, it endorsed the adult waiver standard—knowing, intelligent, and voluntary—to gauge juveniles' Miranda waivers. By contrast, developmental psychologists question whether young people understand or possess the competence necessary to exercise Miranda rights. This article analyzes quantitative and qualitative data of interrogations of three hundred and seven (307) sixteen‐ and seventeen‐year old youths charged with felony offenses. It reports how police secure Miranda waivers, the tactics they use to elicit information, and the evidence youths provide. The findings bear on three policy issues—procedural safeguards for youths, time limits for interrogations, and mandatory recording of interrogations.