Essays
Essay
A scenario taken from the article The Truth About Juvenile False Confessions is how I will explain a bit about my bill. Imagine a 13 year old getting accused of sexual assault. He got pulled from class and accusations were thrown at him with no questions asked. Out of shock the boy begins to spit out answers with no evidence to prove his innocence, only making his case worse. Mention you there are only officers, no attorney present or parental figure. With intimidating officers and the victim’s accusations, he breaks down and says he does touch her. More than once. He only said he was guilty to go home, but he did not. At his trial his attorney had made a statement saying he was forced into the confession by the police, but the judge disagreed. It was said that the boy confessed voluntarily and was labeled a juvenile delinquent, and a sexual deviant. This is not a story. This is reality.
This being said, in a study of 125 proven cases 63% of false confessions were under the age of twenty-five and 32% were under eighteen. If we take this into consideration that the frontal lobe cortex doesn't get fully developed until the age of 25 or above could explain the reasons for these false confessions. The frontal lobe cortex is the part of the brain that helps with cognitive management, emotions, judgement, and self-control. All these things needed to be present during integration, but their minds aren't thinking about their rights. They're most likely going to be thinking about a way to get out of this scary situation, in which you falsely confess. With having an attorney present, their cognitive management and judgment is present.
Again, these children are not thinking about the law, what their rights are, what they can and cannot say. Sure they will be told that they have the right to remain silent, have a right to an attorney, and anything you say can and will be used against you, but all they're thinking about is getting out of there. The 6th amendment states that, “In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defence” (The U.S. Constitution pg. 46) and as it says that all criminals shall have a right to an attorney. Even if the child cannot pay for one they should still be given a public defender so that they can understand that they have rights of their own. The 14th amendment of the Constitution states that, “...nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (49). So initially not giving a delinquent an attorney is leading them into the hands of the law without support and a life of unnecessary punishment.
I will say that Juvenile court is very different from criminal court. In juvenile court they focus on the best interest of the child and emphasis on rehabilitation. Criminal court focuses on punishment and possible incarceration. And you're probably wondering about the roles of the parents. Usually when there are parents present during integration. Parents could hurt the child's case by forcing the child to admit their wrongdoings, and give them incorrect legal information as a way to try and do what's right for the child. Having them take responsibility for their actions so they can both leave. Now I know this claim doesn't help me, but listen. If I were to be interrogated I would want my parents present. The child might not know the lawyer that is given to them and is still sitting in a room full of strangers. With a parent present, they are the emotions, and control. They can console the child to be more cooperative, therefore helping the case.
In conclusion when accused of a crime the defendant might say things irrationally, jeopardizing their own innocence, and that is why it’s important for an attorney to be present. When applied to an accused delinquent, it is more likely for a child to speak irrationally out of fear rather than strategically. They might not know anything about the law, and might not know their own rights. Having an attorney present will help the child and guide them so that the case goes for their best interest.
Bibliography“Access to Counsel | Juvenile Law Center.” 2019. Juvenile Law Center. November 4, 2019. https://jlc.org/issues/access-counsel.“Bill Would Establish a Minor’s Right to Legal Counsel in Police Interrogations - Session Daily - Minnesota House of Representatives.” 2022. Mn.gov. 2022. https://www.house.mn.gov/sessiondaily/Story/17175.Bryan, Kate. 2024. “Recent State Laws Strengthen Rights of Juveniles during Interrogations.” National Conference of State Legislatures. January 10, 2024. https://www.ncsl.org/state-legislatures-news/details/recent-state-laws-strengthen-rights-of-juveniles-during-interrogations.Cleveland Clinic. 2022. “Frontal Lobe: What It Is, Function, Location & Damage.” Cleveland Clinic. 2022. https://my.clevelandclinic.org/health/body/24501-frontal-lobe.Shannon. 2024. “Shannon & Associates, P.C.” Divorce & Criminal Lawyers in Chesapeake, va or Suffolk, VA. August 14, 2024. https://www.hamptonroadslawteam.com/know-your-childs-rights-during-arrest-and-interrogation/.“The Role of the Parent during Juvenile Interrogation | Casetext.” n.d. Casetext.com. https://casetext.com/analysis/the-role-of-the-parent-during-juvenile-interrogation.“The Unique Difference between Juvenile Court and Criminal Court - Torrone Law.” 2023. Torrone Law. December 13, 2023. https://torronelaw.com/difference-between-juvenile-court-and-criminal-court/.2024. Google.com. 2024. https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.prisonpolicy.org/scans/aba/Juvenile_confessions.pdf&ved=2ahUKEwjYguGf75GKAxXxmokEHVdlHCEQFnoECBMQBg&usg=AOvVaw2RhASTHoGtE15ImfLCWjTR