Legal Decisions of Preadolescent and Adolescent Defendants: Predictors of Confessions, Pleas, Communication with Attorneys, and Appeals.

Abstract

While there is an increasing recognition that developmental differences may exist in legal decision-making, little research has examined this. This study examined the legal judgments of 152 defendants aged 11-17 (73 females, 79 males). Adolescents aged 15 and younger were more likely than older adolescents to confess and waive their right to counsel, and less likely to report that they would appeal their case or discuss disagreements with their attorneys. Also, while adolescents aged 15-17 were more likely to confess, plead guilty, and accept a plea bargain if they perceived that there was strong evidence against them, younger defendants' legal decisions were not predicted by the strength of evidence. Importantly, defendants with poor legal abilities were more likely to waive legal protections, such as the right to counsel and to appeal. Defendants from below-average socioeconomic backgrounds were more likely to waive their interrogation rights, and defendants from ethnic minority groups were less likely to report that they would disclose information to their attorneys. The advice of attorneys, parents, and peers emerged as important predictors of plea decisions. None of the defendants reported that their parents advised them to assert the right to silence during police interrogation.

Adjudicative competence and comprehension of Miranda rights in adolescent defendants: a comparison of legal standards

“…This sample has been described in other studies that have examined other aspects of juveniles' competence (Viljoen, Klaver, & Roesch, 2005;. The majority of defendants remanded to this facility were 15 and older.…”

Plea bargaining recommendations by criminal defense attorneys: evidence strength, potential sentence, and defendant preference

“…Viljoen et al (2005) reported that adolescent defendants planning to plead guilty were more likely to have been advised to do so by their attorneys than were adolescents who planned to plead not guilty.…”

Guilty While Innocent: A Review on False Confession Phenomenon in the Criminal Justice System

“…Birçok laboratuvar ve alan çalışmasında yaşı küçük ergenlerin yaşı büyük ergenlere ve yetişkinlere göre, yaşı büyük ergenlerin ise yetişkinlere göre yasal süreçleri daha az anladıkları ve adli süreçlerde kendilerini daha yetersiz savundukları (Grisso ve ark., 2003;Redlich, Silverman ve Steiner, 2003), verilen cezalara daha az itiraz ettikleri ve sorguladıkları (Redlich ve Goodman, 2003), sorgudaki davranışlarının sonuçlarını daha zayıf öngörebildikleri (Grisso ve ark., 2003;Redlich ve ark., 2003) ve bu yetersizliklerin etkisiyle daha çok sahte itirafta bulundukları gözlenmektedir. Bu bulguları destekler biçimde, soruşturma geçiren yaşı küçük ergenlerin yaşı büyük ergenlere göre susma hakkını kullanma, avukat isteme ve dava sonucuna itiraz etme gibi yasal haklarına daha az başvurdukları ve daha çok itirafta bulundukları rapor edilmektedir (Viljoen, Klaver ve Roesch, 2005).…”