developmental factors in interrogation
A child's age objectively affects how they experience police questioning: minors are more susceptible than adults to perceived pressure and authority, are more suggestible, and are at greater risk of falsely confessing, so age is materially relevant to whether a reasonable person would feel free to leave or to remain silent.
Bottom line
There is consensus, scientific and judicial (J.D.B.), that children experience interrogation differently and are more vulnerable to pressure and false confession. The harder questions are how large the effect is and how it applies to any individual case — not whether youth matters.
What this claim does not say
- Does not claim a confession by a minor is necessarily false or involuntary.
- Does not claim age determines the outcome of a custody or voluntariness analysis by itself.
- Does not claim all minors are equally suggestible or vulnerable; individual and situational variation is large.
- Does not claim minors cannot give reliable, voluntary statements.
- Does not claim science can determine whether a specific confession was true or coerced.
Scope — where it holds
Holds as a developmental generalization most pronounced for younger adolescents (roughly 15 and under) and intensifying with coercive interrogation tactics and longer questioning. It concerns objective, commonly understood effects of youth on the interrogation experience — the basis the Supreme Court used in J.D.B. — not a claim about any particular child's subjective state.
Full dossier
Laboratory experiments show younger and more suggestible participants are more likely to take responsibility for acts they did not commit, especially when confronted with false evidence; large studies of adjudicative competence find adolescents 15 and younger more often perform at impairment levels comparable to incompetent adults and more often defer to authority; and developmental reviews document why youth heightens suggestibility and compliance under interrogation. In J.D.B. v. North Carolina, the Supreme Court relied on these commonly understood effects of age to hold that a child's age is relevant to the objective Miranda custody question.
Seminal
Grisso, T., Steinberg, L., Woolard, J., Cauffman, E., Scott, E., Graham, S., et al (2003). Juveniles' competence to stand trial: A comparison of adolescents' and adults' capacities as trial defendants. Law and Human Behavior, 27(4), 333-363.
Cross-sectional · N = 1,393 · adolescents vs. young adults
Youths aged 15 and younger more often performed at impairment levels comparable to adults found incompetent to stand trial, and adolescents more often made choices reflecting compliance with authority and psychosocial immaturity.
Bearing on this claim: Adolescents 15 and under more often show impaired adjudicative capacity and compliance with authority.
doi.org/10.1023/A:1024065015717
Supporting
Redlich, A. D., & Goodman, G. S (2003). Taking responsibility for an act not committed: The influence of age and suggestibility. Law and Human Behavior, 27(2), 141-156.
Experimental · 12-13, 15-16, young adults
In a controlled paradigm, younger and more suggestible participants were more likely than older, less suggestible ones to falsely take responsibility for an act they did not commit, especially when shown false evidence.
Bearing on this claim: Experimental: younger, more suggestible participants more likely to falsely take responsibility.
doi.org/10.1023/A:1022543012851Owen-Kostelnik, J., Reppucci, N. D., & Meyer, J. R (2006). Testimony and interrogation of minors: Assumptions about maturity and morality. American Psychologist, 61(4), 286-304.
Review
Reviews developmental research showing youth heightens suggestibility and compliance and argues that interrogation techniques designed for adults are especially problematic when used with minors.
Bearing on this claim: Developmental review of why youth heightens suggestibility and compliance in interrogation.
doi.org/10.1037/0003-066X.61.4.286
Relied on by
- J.D.B. v. North Carolina — 564 U.S. 261 (2011)
J.D.B. v. North Carolina (2011): "a child's age properly informs the Miranda custody analysis"; "a reasonable child subjected to police questioning will sometimes feel pressured to submit when a reasonable adult would feel free to go."