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INTERROGATION OF JUVENILES - AN EMPIRICAL STUDY OF PROCEDURES, SAFEGUARDS, AND RIGHTS WAIVER

NCJ Number
56576
Journal
Law and Human Behavior Volume: 1 Issue: 4 Dated: (1977) Pages: 321-342
Author(s)
J T GRISSO; C POMICTER
Date Published
1977
Length
22 pages
Annotation
JUVENILE COURT RECORDS IN ST. LOUIS COUNTY, MO., WERE EXAMINED FOR A RANDOM SAMPLE OF FELONY REFERRALS OVER A 3-YEAR PERIOD TO STUDY EFFECTS OF POLICIES AND RULES REGARDING POLICE INTERROGATION PROCEDURES.
Abstract
DATA FOR THE STUDY WERE DERIVED FROM THE MAIN SAMPLE YEARS OF 1974 AND 1975, WITH A SMALL SAMPLE DRAWN FROM 1976 TO VERIFY TRENDS OBSERVED IN THE OTHER 2 YEARS, A TOTAL OF 491 PERSONS (450 MALES AND 41 FEMALES, 380 WHITES AND 111 BLACKS, AND INDIVIDUALS RANGING IN AGE FROM 6 TO 17 YEARS) WAS SELECTED. THE AVERAGE FELONY REFERRAL EVENT INVOLVED A 14- TO 15-YEAR-OLD WHITE MALE FROM THE MIDDLE SOCIOECONOMIC CLASS WHO HAD 1.23 PREVIOUS FELONY REFERRALS AND 3.05 TOTAL REFERRALS. KNOWN INTERROGATIONS WERE THOSE IN WHICH POLICE REPORTS WERE SUFFICIENTLY COMPLETE TO PROVIDE A NOTATION THAT INTERROGATION WAS ATTEMPTED OR CARRIED OUT. INFERRED INTERROGATIONS WERE THOSE IN WHICH INTERROGATION OR ATTEMPTS TO INTERROGATE COULD BE INFERRED BECAUSE POLICE REPORTS INCLUDED INFORMATION FROM JUVENILES OR STATED JUVENILES WOULD NOT TALK. THERE WAS AN INCREASE IN THE PRESENCE OF COURT REPRESENTATIVES FROM 1974 TO 1975, AND JUVENILES IN 1975 WERE MUCH MORE LIKELY TO HAVE ADULT THIRD PARTIES PRESENT THAN IN 1974. THIS SUGGESTED GREATER EMPHASIS ON PROCEDURAL SAFEGUARDS AND DUE PROCESS. POLICE OFFICERS OBTAINED ORAL OR SIGNED WAIVERS OF RIGHTS IN SIGNIFICANTLY MORE CASES IN 1975 THAN IN 1974. THE RATE OF REFUSAL TO TALK ON THE PART OF JUVENILES WAS SLIGHTLY LOWER IN 1975 WHEN INTERROGATION CONDITIONS OFFERED GREATER PROCEDURAL SAFEGUARDS. THE REFUSAL RATE WAS SIMILAR ACROSS BOTH YEARS FOR BOTH TYPES OF INTERROGATION CASES (KNOWN AND INFERRED). FROM 1974 TO 1975, A DECREASE IN INTERROGATION OCCURRED FOR CASES INVOLVING JUVENILES WITH THREE OR MORE PRIOR FELONIES OR CHARGED WITH OFFENSES AGAINST PERSONS. IN 1976, THE RATE OF INTERROGATION IN CASES INVOLVING OFFENSES AGAINST PERSONS RETURNED TO THE 1974 RATE, POSSIBLY REFLECTING CIRCUMSTANCES PRODUCED BY THE JUVENILE COURT'S DECISION TO MAKE COURT REPRESENTATIVES AVAILABLE IN POLICE STATIONS FOR MONITORING INTERROGATIONS. BLACKS WERE LESS LIKELY TO BE INVOLVED IN FORMAL OR KNOWN INTERROGATIONS THAN WHITES. IMPLICATIONS OF THE FINDINGS ARE DISCUSSED, AND IT IS CONCLUDED THAT OVERALL RATES OF INTERROGATION AND REFUSAL TO TALK CAN BE GENERALIZED TO OTHER JURISDICTIONS ONLY WITH GREAT CAUTION. SUPPORTING TABULAR DATA AND REFERENCES ARE PROVIDED. (DEP)