Defense attorney perspectives about juvenile interrogations: SROs, parents, and the adolescent defendant

Abstract

ABSTRACT Adolescent suspects’ developmental immaturity renders them more susceptible than adults to unreliable and involuntary confessions. Defense attorneys can mitigate youths’ interrogation-related vulnerabilities; however, no quantitative studies examine attorneys’ views on juvenile interrogations and confession evidence. We surveyed 137 juvenile defense attorneys regarding the role of counsel, parents, school administrators, and school resource officers (SROs) in juvenile interrogations and confessions and whether juvenile client age and indigent status related to perceptions. Defense attorneys reported that most juveniles waive their rights and incriminate themselves to police before attorneys even receive the case. Attorneys agreed that parents should be allowed to participate if they wish, even though they believed parents are often uninformed or unhelpful in the defense process. According to this attorney sample, SROs often question students without Mirandizing them, and students believe they must answer questions from both SROs and school administrators. Attorneys reported numerous challenges associated with defending interrogated juveniles, including dispositional vulnerabilities, parent-related problems, systemic challenges, and litigation difficulties. Overall, findings indicate the need for policy and practice reforms like required assistance of counsel during interrogations, electronic recording of interrogations, developmentally-informed training for school administrators, SROs, prosecutors, and judges, and improved discovery and funding to support youth.