Abstract
Interrogation is considered one of the critical stages of the juvenile justice process. This process allows the police to question and examine child suspects for the purpose of obtaining information, statement, and evidence for an alleged crime under which they are investigated. While this process undeniably an important aspect of the criminal process, it may turn out to be a stressful and frightening process for children, who are known for their unique incapacities and susceptibility. This paper aims to examine current Malaysian laws and practice on the interrogation of children. It will critically analyze relevant provisions of law as well as existing legal principles on this particular matter. It will also attempt to examine the adequacy of current Malaysian laws in safeguarding the rights and interests of children during the grueling and coerced interrogation process by the police. This article concludes with the recommendation for the reform of current Malaysian laws and practice on the interrogation of children.
Highlights
IntroductionThousands of juveniles have been arrested investigated for commission of various crimes
Each year, thousands of juveniles have been arrested investigated for commission of various crimes
The police are permitted to question, examine, and record confessions and statements from suspected children which may be potentially used against them during the trial. This imminent legal repercussion raises the concern over the adequacy of national law in protecting the rights of children during the interrogation process, in view of the fact that the law has long recognized the fact that children possess distinct cognitive and developmental characteristics compared to adults
Summary
Thousands of juveniles have been arrested investigated for commission of various crimes. Criminal justice has increasingly recognized that criminal processes involving children should be conducted with more care and in a different manner than adults The root of this argument is primarily based on various tremendous findings by psychologists and scientists on the neurological and cognitive development of children. Despite the fact that certain adolescents may appear to be as intelligent as adults in many ways, their ability to regulate their behavior is very limited Their brains are unstable, neurologically immature, and incapable to respond effectively to situations that require reasoned decisions. Adolescents who are at this phase, incline to have poor impulse control, heed to peer pressure, be shortsighted, and influenced by emotions (Backus, 2012) These findings convincingly established the fact that there is a significant variation between children in acquiring neurological and cognitive, www.psychologyandeducation.net emotional, and developmental skills. The variation in cognitive development and functioning provides a justifiable explanation of the inability of certain children in making reasonable, correct, and rational decisions during the interrogation process
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