States Look to Ban Police From Lying During Interrogations

istock.com/mevans

 

Connecting state and local government leaders

Lawmakers in Illinois approved legislation that would prohibit police from lying to minors during interrogations, and similar proposals are underway in other states.

Lawmakers in Illinois on Sunday passed legislation that prohibits police from lying to minors during interrogations, a legal practice that advocates say leads to high numbers of false confessions and wrongful convictions.

“When a kid is in a stuffy interrogation room being grilled by adults, they’re scared and are more likely to say whatever it is they think the officer wants to hear to get themselves out of that situation, regardless of the truth,” state Sen. Robert Peters, a Democrat from Chicago, said in a statement. “Police officers too often exploit this situation in an effort to elicit false information and statements from minors in order to help them with a case. Real safety and justice can never be realized if we allow this practice to continue.”

The bill, passed unanimously by the House and 47-1 in the Senate, makes confessions from minors inadmissible as evidence “if during the custodial interrogation, a law enforcement officer or juvenile officer knowingly engages in deception.” The legislation defines deception as “knowingly providing false information about evidence or leniency.”

Police are legally permitted to lie during interrogations in all 50 states, coaxing confessions from suspects by making claims that witnesses or friends have already confirmed their guilt, or saying that their DNA was found at the scene of a crime. 

Those methods can lead to false confessions in both adults and minors, though research has found that children under the age of 18 are two to three times more likely to confess to crimes they didn’t commit when subjected to forceful interrogation tactics.

There have been at least 100 wrongful convictions in Illinois since 1900, according to the Center of Wrongful Convictions at the Northwestern University Pritzker School of Law. Thirty-one of those cases involved suspects under the age of 18.

Supporters of the legislation included the Illinois Innocence Project, the Illinois State Bar Association, the law office of the Cook County Public Defender, and Office of Cook County State’s Attorney Kim Foxx, who said in a statement that the legislation was a “critical step” toward ensuring that false confessions stop occurring.

“I hope this is a start to rebuilding confidence and trust in a system that has done harm to so many people for far too long,” she said.

But few law enforcement officers testified in support of the legislation, and members from more than a dozen police departments opposed the measure, as did Jim Kaitschuk, executive director of the Illinois Sheriffs’ Association, according to witness lists on the state legislature’s website.

Similar efforts are underway in other states, including a proposal passed last week by the Oregon Senate that would classify confessions as involuntary if a “peace officer intentionally used false information to elicit” it. Pending legislation in New York would go further, making deceptive tactics illegal in interrogations of both minors and adults.

Kate Elizabeth Queram is a senior reporter for Route Fifty and is based in Washington, D.C.

NEXT STORY: New White House Initiative Seeks to Lift Up Asian American, Native Hawaiian, Pacific Islander Communities

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.