"Owing to the Extreme Youth of the Accused": The Changing Legal Response to Juvenile Homicide

Tanenhaus, David S.; Drizin, Steven A.

doi:10.2307/1144240

“…Despite youths' heightened susceptibility, police do not incorporate developmental differences into the tactics they employ (Owen-Kostelnik et al 2006). Techniques designed to manipulate adults-aggressive questioning, presenting false evidence, and leading questions-may create unique dangers when employed with youths (Kaban & Tobey 1999;Redlich & Drizin 2007;Tanenhaus & Drizin 2002). Police in this study did not report receiving special training to question juveniles and used the same tactics that Leo (1996b) reported they employed with adults.…”

Section: Protecting Young Offenders In the Interrogation Roommentioning

confidence: 86%

Real Interrogation: What Actually Happens When Cops Question Kids

Feld¹

2012

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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 issuesprocedural safeguards for youths, time limits for interrogations, and mandatory recording of interrogations.

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“…). Techniques designed to manipulate adults—aggressive questioning, presenting false evidence, and leading questions—may create unique dangers when employed with youths (Kaban & Tobey ; Redlich & Drizin ; Tanenhaus & Drizin ). Police in this study did not report receiving special training to question juveniles and used the same tactics that Leo () reported they employed with adults.…”

Section: Policy Implicationsmentioning

confidence: 99%

Real Interrogation: What Actually Happens When Cops Question Kids

Feld¹

2013

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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 issuesprocedural safeguards for youths, time limits for interrogations, and mandatory recording of interrogations.

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“…Some experts have noted that there is a movement by legislators, for example in Canada and the United States, toward more 'adult' models of justice and an emphasis on crime control in youth justice legislation and decision-making, rather than a focus on the youthfulness of the offender (Tanenhaus & Drizin 2003, Allen 2003, Trépanier 1999, Feld 1997. A clear example of this is the age-based selective incapacitation rationale being used in sentencing in the state of Virginia.…”

Section: Does the Public Differentiate Between Youths And Adults On Tmentioning

confidence: 99%

Face‐ing the Offender: Examining Public Attitudes Towards Young Offenders¹

Varma¹

2006

Contemporary Justice Review

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This study examines public ratings of youthful offenders based upon varying descriptions of their apparent age and maturity. The premise for this study rests on the assumption that the public will respond more favorably, and therefore, less punitively to the most 'youthful' characterization of an offender. Findings indicate that in general, having any information about a youth offender, regardless of the qualitative details of that information, resulted in more favorable ratings by the public. The results are considered in relation to the movement toward community involvement in the sanctioning of youth.

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"Owing to the Extreme Youth of the Accused": The Changing Legal Response to Juvenile Homicide

Abstract: Our juvenile criminal act was written at a time when kids were knocking over outhouses, not killing people. We're looking at a whole new breed here.

Cited by 19 publications

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Real Interrogation: What Actually Happens When Cops Question Kids

Real Interrogation: What Actually Happens When Cops Question Kids

Real Interrogation: What Actually Happens When Cops Question Kids

Face‐ing the Offender: Examining Public Attitudes Towards Young Offenders¹

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"Owing to the Extreme Youth of the Accused": The Changing Legal Response to Juvenile Homicide

Abstract: Our juvenile criminal act was written at a time when kids were knocking over outhouses, not killing people. We're looking at a whole new breed here.

Cited by 19 publications

References 0 publications

Real Interrogation: What Actually Happens When Cops Question Kids

Real Interrogation: What Actually Happens When Cops Question Kids

Real Interrogation: What Actually Happens When Cops Question Kids

Face‐ing the Offender: Examining Public Attitudes Towards Young Offenders1

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Face‐ing the Offender: Examining Public Attitudes Towards Young Offenders¹