Interrogation of juveniles: An empirical study of procedures, safeguards, and rights waiver.

Abstract

Little information has been available on the frequency of police interrogation and rights waiver in juvenile cases. Research in developmental psychology suggests that the cognitive and emotional characteristics of juveniles, coupled with the circumstances inherent in police interrogations might render very infrequent the assertion of the right to silence by juveniles. Furthermore, both legal and social science commentators have suggested that an increase in certain due process protections (e.g., presence of parents at questioning) might not mitigate the forementioned effect. To test these assumptions, the study examined juvenile court records for a random sample of felony referrals over a three-year period (491 juveniles, 707 referrals). Police questioning occurred in 65–75% of felony referrals, and juveniles in about 90% of these referrals provided police with information (more than personal identification). These results were examined in relation to demographic and offense variables. Due process protections were significantly more frequent during one year than during a previous year, but there was no difference between years in the frequency of rights waiver. The implications of these findings are discussed.