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

Abstract

False confessions represent a significant problem for the criminal and juvenile justice systems and juveniles may be at particular risk for falsely confessing. In part, this risk may be due to juveniles’ greater likelihood of waiving Miranda rights and, consequently, undergoing interrogation, as well as their heightened suggestibility and greater susceptibility to and compliance with authority figures compared to adults. With data from 260 participants in correctional facilities, this study compared juveniles’ (n = 168) and adults’ (n = 92) self-reported likelihood of false confessions. Younger juveniles reported significantly greater false confession propensity than did adults, especially in response to directive interrogation techniques. Older juveniles did not differ significantly from adults in their self-reported likelihood of false confession. Miranda rights comprehension mediated the relationship between age and false confession likelihood. These findings suggest the need for greater protections of younger juveniles during interrogations.

The Impact of Educational Intervention on Young People's Understanding of Legal Rights in New Zealand

“…The New Zealand youth justice system is designed to respond to young people's developmental needs (Lynch, 2008) and this thesis has focused on how well this need is met in relation to young people's understanding of their legal rights. Ensuring young people achieve adequate levels of legal rights understanding is important, as it can help young people to protect themselves from poorly informed decisions to waive their rights and falsely confession (Goldstein et al, 2003;Haney-Caron et al, 2018;Viljoen et al, 2007). Further, when young people understand their legal rights it supports the integrity of justice processes by ensuring statements are obtained from young people in a legal manner (Oranga Tamariki, 1989).…”

“…Like waiver decisions, young people already show high rates of false confessions regardless of legal rights understanding (Goldstein et al, 2003;Viljoen et., 2005). Research shows those aged 12 to 15-years are significantly more at risk of falsely confessing than older youths and adults (Goldstein et al, 2003;Haney-Caron et al, 2018;Viljoen et al, 2005).…”

“…Understanding of legal rights is a predictor of a young person's likelihood of making a false confession (Haney-Caron et al, 2018). This is because young people who do not understand their rights are more likely to waive their legal rights and talk to the police, which heightens the risk of false confession (Haney-Caron et al, 2018).…”

“…Understanding of legal rights is a predictor of a young person's likelihood of making a false confession (Haney-Caron et al, 2018). This is because young people who do not understand their rights are more likely to waive their legal rights and talk to the police, which heightens the risk of false confession (Haney-Caron et al, 2018). False confessions are often very detailed, which makes them difficult to tell apart from true confessions (Appleby et al, THE IMPACT OF INTERVENTION ON LEGAL RIGHTS UNDERSTANDING 6 2013).…”

“…If these misconceptions remain unaddressed in the Cautions, young people will continue to be disadvantaged because they will use false beliefs to reason about whether to waive or use their legal rights (Rogers et al, 2013a). This puts young people at risk of making poorly informed legal decisions when they are with police, which often results in rights waivers and false confession (Haney-Caron et al, 2018;Viljoen et al, 2005)…”