Applying the lessons of developmental psychology to the study of juvenile interrogations: New directions for research, policy, and practice.

Abstract

Police interrogation of criminal suspects is a core function of the American justice system that involves numerous cognitive, social, and other psychological processes. While a robust psycholegal literature on police interrogation has emerged, the subset of that literature focusing on adolescent suspects is less cohesive, despite substantial and well-known developmental differences between adult and juvenile suspects. With a few notable exceptions, the current juvenile interrogation literature has not systematically leveraged the many lessons of normative adolescent development that have emerged from basic scientific research. Developmental psychology has much to offer the study of juvenile interrogation, and as police–youth interactions increasingly capture the public’s attention and raise important questions about how police handle juveniles, now is the time to adopt a more explicitly developmental approach. This article highlights key features of adolescent psychosocial, neurobiological, and social development that are directly relevant to the police interrogation context. It argues that an explicit recognition of developmental principles is vital to juvenile suspects’ due process rights and to the future of juvenile interrogation research. The article outlines specific directions for future research on juvenile interrogation, including recommendations for interdisciplinary collaborations, laboratory research, and field studies. It then discusses implications of several key recommendations for interrogation policy and practice as they apply specifically to juvenile suspects.

Cumulative Disadvantage: A Psychological Framework for Understanding How Innocence Can Lead to Confession, Wrongful Conviction, and Beyond

“…Over and above the bargain and accompanying leniency, other reasons have been identified as contributing to true and false guilty pleas (see Redlich, Wilford, & Bushway, 2017; Wilford & Khairalla, 2019). It is beyond our scope to describe them here, but at-risk demographic groups, such as juveniles, are especially susceptible to compliance with authority, increasing their willingness to cede their rights, confess to police, and plead guilty (see Cleary, 2017; Redlich, Zottoli, & Daftary-Kapur, 2019). Because juveniles are at heightened risk for false confessions and guilty pleas (see Helm, Reyna, Franz, & Novick, 2018; Malloy et al, 2014; Redlich, Zottoli, & Daftary-Kapur, 2019; Zottoli et al, 2016), the cumulative disadvantage process may be especially pernicious.…”

Self-Perceived Likelihood of False Confession: A Comparison of Justice-Involved Juveniles and Adults

“…More recently, developmental differences between juveniles and adults have been recognized by legal scholars as factors placing juveniles at particular risk for false confessions. These developmental differences—including greater impulsivity, reward sensitivity, susceptibility to peer influence, willingness to comply with authority, and difficulty prioritizing long-term consequences (e.g., Cleary, 2017)—may affect youth decision-making in legal contexts (Steinberg, 2009) and may increase youth susceptibility to interrogation tactics.…”

Lawyers and children: Is there a need for mandatory legal assistance in suspect interviews?

“…This study has shown that, although various authors call for mandatory legal assistance (Cleary, 2017; Malloy et al, 2014), it is insufficient alone and must be accompanied by additional supporting mechanisms such as training specific to assisting juvenile suspects at the police station. Only if the lawyer adopts an active role in practice and is thus able to prevent or react immediately to coercion or misconduct, will their presence be optimally effective (Pivaty, 2018).…”

“…Vulnerability in the context of police interviews is often determined with reference to the classification of risk factors for false confessions (Mergaerts et al, 2017). Research from the United States shows that there is a greater likelihood of false confessions with juveniles (Cleary, 2017; Feld, 2013a; Gross et al, 2005; Haney-Caron et al, 2018; Kassin, 2017; Kassin et al, 2010; Meissner et al, 2009; Owen-Kostelnik et al, 2006; Redlich and Goodman, 2003; Redlich et al, 2004). In a recent survey of scientific experts in the United States, 94% agreed that youth is a sufficiently reliable risk factor for false confessions on which expert testimony could be based.…”

“…There is widespread consensus that juvenile suspects are more vulnerable than adults simply because of their age, and they are therefore in need of additional protection (Cleary, 2017; Liefaard and van den Brink, 2014). Because of their developing maturity and cognitive and emotional skills, juveniles experience greater difficulty participating in criminal proceedings than adults (see, e.g., King (2006) with respect to juvenile suspects in America and Rap and Zlotnik (2018) in Europe).…”