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Juveniles possess less maturity, intelligence, and competence than adults, heightening their vulnerability in the justice system. For this reason, states try juveniles in separate courts and use different sentencing standards than for adults. Yet, when police bring kids in for questioning, they use the same interrogation tactics they use for adults, including trickery, deception, and lying to elicit confessions or to produce incriminating evidence against the defendants.
In Kids, Cops, and Confessions, Barry Feld offers the first report of what actually happens when police question juveniles. Drawing on remarkable data, Feld analyzes interrogation tapes and transcripts, police reports, juvenile court filings and sentences, and probation and sentencing reports, describing in rich detail what actually happens in the interrogation room. Contrasting routine interrogation and false confessions enables police, lawyers, and judges to identify interrogations that require enhanced scrutiny, to adopt policies to protect citizens, and to assure reliability and integrity of the justice system. Feld has produced an invaluable look at how the justice system really works.- Sales Rank: #1818318 in Books
- Brand: Brand: NYU Press
- Published on: 2012-11-26
- Released on: 2012-11-26
- Original language: English
- Number of items: 1
- Dimensions: 9.02" h x .94" w x 5.98" l, 1.33 pounds
- Binding: Hardcover
- 351 pages
- Used Book in Good Condition
Review
"The author's detailed, rare and invaluable look inside the concealed confines of the interrogation room provides a compelling impetus for change."-LA Daily Journal
“Feld takes us on a fascinating journey into that most private of public places—the precinct interrogation room. There, kids prove no match for cops. Feld shows how minors are especially vulnerable, and why the protections we afford to adults do not suffice for kids, particularly younger juveniles. Kids, Cops, and Confessions is a careful and important account of our system, chock full of insights.”-Charles Weisselberg,Shannon C. Turner Professor at the University of California, Berkeley School of Law
"A well written and concise account that contributes constitutional measures afforded to youth."-Patrick Webb,International Criminal Justice Review
"Investigatory questioning by law enforcement is understood to involve an unequal balance of power with an intrinsic opportunity for abuse. For this reason, Miranda warning rights and other constitutional protections exist in the United States. Nevertheless, Feld (law, Univ. of Minnesota; Juvenile Justice Administration in a Nutshell) warns in his latest book that these legal protections have failed miserably, particularly when juveniles are involved. Feld cautions that juvenile interrogations are ripe for inquisitorial abuse owing, first, to juveniles' incompetence to exercise their Miranda rights effectively; second, to police officers' skill in using psychological tools to gain a waiver; and third, to judicial inability to supervise interrogations as they happen. His research reveals that juvenile interrogation tactics and procedures have resulted in various injustices including the proliferation of false confessions. Feld also offers solutions, including the simple one of recording all custodial interrogations for possible review. Verdict: Recommended. Judges and attorneys as well as law enforcement agencies and juvenile advocates will find this book useful as they work toward the goal of fair treatment and justice for juveniles, both guilty and innocent."-Reba Kennedy, San Antonio,Library Journal
“Feld has produced an invaluable exploration into how the criminal justice system really works. . . . A resource for researchers and professionals that want an insider perspective or conduct additional research studies on the interrogation of juveniles.”-Journal of Youth and Adolescence
"A rich blend of top-notch empirical scholarship and doctrinal analysis, Feld's book is a significant contribution to our understanding of the dynamics of police interrogations—and a major step forward in achieving justice for juveniles . . . an empirical tour de force."-Daniel S. Medwed,Criminal Law and Social Change
"Feld has done a masterful job of presenting the realities of the interrogation room to the reader. This work is important to scholars of all persuasions who seek to better understand the unique plight of juveniles faced with the inherently coercive circumstances involved in police questioning. The book is well-written and capably blends research-based observations with the perceptions of police and other legal actors. This combined perspective provides the reader with a unique appreciation of a system which often functions far from public view."-Lisa S. Nored and Caitlin Carey,CLCJ Books
"University of Minnesota Law School Professor Barry Feld's book Kids, Cops, and Confessions: Inside the Interrogation Room was highlighted in research sponsored by the National Science Foundation. The NSF stated, 'The findings, published in 'Kids, Cops, and Confessions: Inside the Interrogation Room,' will aid police departments, juvenile and criminal defense attorneys, state legislatures and judicial law-reform commissions in developing better policies to regulate interrogation practices and provide social scientists with a template to repeat the study in other jurisdictions.'"-Minnesota Lawyer
“Feld offers a dispassionate inside view of a social event that is largely hidden—the interrogation room encountered by juvenile suspects. The result challenges our stereotypes, exposing us to crime investigators at their best and worst, kids at their most naïve and savvy, and policies that were meant to protect juveniles but sometimes grease the wheels for interrogators. This book offers new hypotheses for further research, as well as realities that reformers must take into account when forging better laws, policies and practices for police interrogation of young people.”-Thomas Grisso,author of Evaluating Juveniles' Adjudicative Competence
About the Author
Barry C. Feld is Centennial Professor of Law at the University of Minnesota and author or editor of many books, including The Oxford Handbook of Juvenile Crime and Juvenile Justice, Cases and Materials on Juvenile Justice Administration, and Bad Kids: Race and the Transformation of the Juvenile Court.
Most helpful customer reviews
1 of 1 people found the following review helpful.
Groundbreaking study of the interrogation of youth
By Tamar Birckhead
During my ten years practicing in juvenile delinquency court, I've been struck by the overwhelming number of cases in which youth readily confess to police -- often school resource officers. Sophisticated interrogation techniques are usually not required. The officer need only get the kid alone in a hallway, a police cruiser, or school conference room, and the youth complies -- giving long answers to questions, trying to rationalize or explain away their behavior but succeeding only in implicating themselves. The interviews are usually quite brief -- thirty minutes or less. On the rare occasion when a parent is present, it makes no difference -- they allow full questioning of their child and rarely intervene. And once the police have a confession, there's usually a plea (or "admission"), rather than a trial. The result is a criminal system that is more inquisitorial than adversarial, which is not what I would call "justice."
Professor Barry Feld (Minnesota) has a new book out from NYU Press, Kids, Cops, and Confessions: Inside the Interrogation Room, that is a vital resource for anyone who cares about what happens to kids when they are questioned by police. Professor Feld analyzes quantitative and qualitative data, including tapes, transcripts, police reports, juvenile court files, and dispositional reports from over 300 cases in which 16 and 17-year-olds were charged with felonies in one of four counties in Minnesota. In each of these cases, the files included either an interrogation tape or transcript or the juvenile had invoked Miranda rights. Professor Feld also conducted extensive interviews with police, prosecutors, defense lawyers, and juvenile court judges to learn their views about the interrogation of juveniles.
The result is a groundbreaking study that vividly illustrates the particular vulnerability of minors, providing further evidence that the protections we provide adults during interrogation do not begin to suffice for teenagers. Like all of Professor Feld's books and articles, this one is an important addition to my juvenile justice library, and I encourage you to check it out.
0 of 0 people found the following review helpful.
An Important Look Inside the Interrogation Room
By Strategies for Youth
In Indianapolis, a teenager was asked to explain his rights to an arresting officer. "I know my rights. I have the right to say whatever I want," he replied.
This misinterpretation of Miranda rights is not uncommon. According to Dr. Barry Feld,"Many juveniles - especially those 15 years of age and younger - do not understand the words or rights contained in the Miranda warning."
In order to better understand this phenomenon, Feld went to a place very few juvenile justice advocates have been allowed to enter: the interrogation room. Since 1995, Minnesota has required police to record all interrogations. It is one of only three states where such recordings are required for all custodial interrogations. A few more states require it for homicide interrogations or very young offenders.
Feld's Unique Research
County attorneys there gave Feld unrestricted access to files on all felony cases involving 16- and 17-year-old offenders. He then narrowed his sample by selecting only the cases where a youth invoked Miranda or where a youth waived and there was a transcript or recording of the interrogation.
Feld's is only the second empirical study of interrogations since Miranda was decided in 1966 - and the first involving juveniles. Feld analyzed 307 recordings and transcripts of police questioning teenagers. The results of this analysis, as well as the policy recommendations to which they led, are presented in Feld's new book: Kids, Cops & Confessions: Inside the Interrogation Room.
In 90% of the cases Feld analyzed, juvenile suspects waived their Miranda rights and chose to answer police questions, often incriminating themselves in the process.
In most of these cases, once a waiver had been obtained, police questioned youth using the same psychological techniques they would use on an adult suspect.
The majority of the kids in question confessed, and an additional third gave police some incriminating information.
While parents were present in some of the interrogations, their presence rarely resulted in greater protection of their children's constitutional rights. In fact, in most cases, Feld found that parents sided with the police in questioning, and urged their children to tell the police everything they knew.
Feld's Recommendations for Best Practices
Given these startling findings, how then do we balance the right of the police to interrogate a suspect with a child's right against self-incrimination? Feld offers several recommendations for future best practices:
Mandatory assistance of counsel for suspects under age 15. Children 15 years and younger are rarely able to understand their rights, let alone assert them. In these tense interrogations, parents often cannot or do not act to protect their children's constitutional rights, and police have a different agenda entirely. Having an attorney in the room from the start ensures that police interrogations of youthful offenders meet constitutional requirements.
Mandatory recording of all interviews. Right now, only Alaska, Wisconsin and Minnesota require recording of all police interrogations, with about half a dozen other states requiring recording for only the most serious offenses. With inexpensive and readily available technology, Feld believes that recording police interviews will allow for greater objectivity, transparency and accountability in the justice system.
Time limits on police interrogations. According to Feld's findings, interrogations that elicit false confessions usually last more than six hours, with the likelihood of a false confession increasing as the length of questioning increases. This suggests that one way to protect the rights of juveniles while simultaneously enhancing the accuracy of the information received is to simply limit the length of time police are questioning kids.
0 of 1 people found the following review helpful.
Great Piece!
By Lrober35
The growing research on adolescent development, mounting evidence against eye witness testimony, and the exposure of numerous cases of false confessions make Kids, Cops, and Confessions: Inside the Interrogation Room by University of Minnesota Professor Barry C.Feld an intriguing and incredibly useful body of research for anyone involved in the juvenile justice system. Feld uses data from Minnesota to delve into the factors surrounding the interrogations of youth to determine some of the factors that impact case outcomes. In particular, he focuses on how Interrogators utilize the same techniques they would adults despite the incredible developmental differences between the two and the strong likelihood that youth will confess to a delinquent act almost immediately.
I would recommend this book to anyone interested in ways to reform the juvenile justice system, particularly family members and juvenile justice system stakeholders. you can read more here: [...]
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