Teens and false confessions

A 16-year-old who was drunk while under investigation told law enforcement that he played a role in the fatal shooting of a man in Los Angeles. According to The Wall Street Journal, the teenager told investigators that he drove the getaway car after the crime occurred. However, as a Minneapolis criminal defense lawyer would do, the young man’s attorneys reviewed the evidence and determined that the teenager was four miles away from the scene of the crime just one minute before the shooting. As a result, the prosecution dropped the charges.

A false confession is a problem among defendants of all ages, but research shows it is more likely to occur among juveniles. People in Minnesota and across the country who are accused of a crime should understand why and how the phenomenon occurs.

How it happens

According to the National Registry of Exonerations, a false confession was involved in 38 percent of cases in which a youth was later exonerated of a crime, compared to only 11 percent of cases involving adults. Part of the reason that juveniles may be more likely to admit to a crime they never committed is because they tend to be more impulsive and focused on short-term gratification. For example, they may believe that if they confess to a crime, they can go home.

The Innocence Project reports that there are several reasons that innocent people of all ages may make false confessions, including the following:

  • A diminished capacity to continue with the interrogation
  • Not understanding the situation
  • Not understanding the law
  • Intoxication
  • A fear of violence or a harsh sentence
  • Actual physical violence

In some cases, the mental state of the person under questioning can also account for an inaccurate confession, particularly youths. As a Minneapolis criminal defense lawyer understands, juveniles may be easier to manipulate than adults.

Avoiding the problem

The Innocence Project and a number of other organizations have pushed for reform when it comes to interrogating youth in order to prevent a false confession. Part of that includes keeping the investigative sessions short as well as taping the questioning. The entire state of Minnesota has already joined hundreds of jurisdictions across the country in recording law enforcement interrogations. The Minnesota Supreme Court ruled that part of a defendant’s due process is to have a custodial questioning recorded.

Studies have shown that recordings can be effective when the entire interrogation is caught on tape. Not only does it give a court the complete picture of how the confession was obtained, but law enforcement members who are taped also may act more appropriately when dealing with teens and criminal charges. For example, The Wall Street Journal reports that a 17-year-old who falsely confessed to a double murder in 1992 did so because he said he wanted law enforcement to stop hitting him with a flashlight.

A Minneapolis criminal defense lawyer may be able to help defendants pursue justice if they feel their confession was coerced.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.