U.S. v. Slaight
Seventh Circuit - September 02, 2010
State: Illinois
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A wonderful decision in an adult case that really understands when a person would believe they were in custody and not free to leave, even when the police tell them they are free to leave.
|
Brendan Dassey post hearing reply brief
CWCY - July 26, 2010
State: Wisconsin
Type: Sample Brief Or Motion
Topic: Juveniles and Wrongful Convictions
Post-hearing reply brief in the case of 16-year-old Brendan Dassey.
|
UNIFORM ELECTRONIC RECORDATION OF CUSTODIAL INTERROGATIONS ACT
NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS - July 26, 2010
State: District of Columbia
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Sample federal legislation for recording of custodial interrogations.
|
LA House Bill 663/Act 593
Louisina legislature - July 01, 2010
State: Louisiana
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
The Louisiana legislature just passed a bill focusing on considerations that must be taken into effect when considering the admissibility of a juvenile's confession. It is a nice step forward acknowledging that youth's confessions must be carefully scrutinized to assure they are reliabile and voluntary
|
LOSING HOLD OF THE GUIDING HAND: INEFFECTIVE ASSISTANCE OF COUNSEL IN JUVENILE DELINQUENCY REPRESENTATION
Barbara Fedders - June 14, 2010
State:
Type: Journal Article
Topic: Right to Counsel
A terrific article detailing the failings of counsel in representing juveniles.
|
LOSING HOLD OF THE GUIDING HAND: INEFFECTIVE ASSISTANCE OF COUNSEL IN JUVENILE DELINQUENCY REPRESENTATION
Barbara Fedders - June 14, 2010
State: District of Columbia
Type: Journal Article
Topic: Right to Counsel
A terrific article detailing the failings of counsel in representing juveniles.
|
Brendan Dassey post-hearing brief
CWCY - May 25, 2010
State: Wisconsin
Type: Case
Topic: Interrogations, Miranda, or False Confessions
The post-hearing brief in the Brendan Dassey case, addressing issues of ineffective assistance of counsel, contaiminated confessions, and coercive interrogations of minors
|
Welch v. United States
7th Circuit Court of Appeals - May 04, 2010
State: Illinois
Type: Case
Topic: Juveniles and Wrongful Convictions
In his dissenting opinion on pages 52-53, Judge Posner eloquently makes the argument as to why juvenile adjudications lack the reliability of adult criminal convictions.
|
Did 12-year-old earn murderer label fairly? Boy challenging confession in high court
Democrat-Gazette - April 21, 2010
State: Arkansas
Type: Case
Topic: Interrogations, Miranda, or False Confessions
The Arkansas Democrat-Gazette highlights the brief of the CWCY in the case of T.C. and expresses doubt about the voluntariness and reliability of this 12-year-old boys' confession.
|
T.C. supplemental brief to AR SCT
Dorcy Corbin - February 08, 2010
State: Arkansas
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions
The supplemental Supreme Court brief filed by attorney Dorcy Corbin, arguing that her 12-year-old clients confession was involuntary, unreliable, and made under circumstances where the Miranda waiver was clearly inadequate.
|
Washington v. ANJ
WA Supreme Court - January 28, 2010
State: Washington
Type: Case
Topic: Guilty Pleas
Court holds that 12-year-old defendant should be allowed to withdraw his guilty plea because his counsel provided ineffective assistance. Counsel has a duty to investigate the defense, which he didn't, and misled the defendant about the consequences of his plea.
|
T.C. brief amicus curiae
CWCY attorneys - January 14, 2010
State: Arkansas
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions
An amicus brief, that was limited to 10 pages, on issues of the reliability and voluntariness of a 12-year-old boys' confession and his ability to intelligently and knowingly waive his Miranda rights.
|
INTENTIONAL WRONGFUL CONVICTION OF CHILDREN
Vic Streib - January 01, 2010
State: Illinois
Type: Journal Article
Topic: Juveniles and Wrongful Convictions
Arguing that the intentional wrongful conviction of children is a prevelant problem and unique to kids.
|
One-hundred Years of Getting it Wrong? Wrongful Convictions After a Century of Research
Jon Gould & Richard Leo - January 01, 2010
State: District of Columbia
Type: Journal Article
Topic: Juveniles and Wrongful Convictions
An article detailing the history and state of wrongful conviction research.
|
Judge Says Murder Defendant Jailed for 18 Years is Innocent
Daniel Wise - November 13, 2009
State: New York
Type: Journal Article
Topic: Juveniles and Wrongful Convictions
Fernando Bermudez exonerated by a judge who finds that the 5 teens who implicated him all gave testimony the prosecutor should have known was perjured.
|
Untrue Confessions
Joshua Tepfer - November 01, 2009
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
The problem of false confessions of youth is explained in this article by CWCY Staff Attorney Joshua Tepfer
|
Corey Batchelor Motion for Forensic Testing
Joshua Tepfer and Steven Drizin - September 23, 2009
State: Illinois
Type: Sample Brief Or Motion
Topic: Innocence
A sample motion for forensic testing in a juvenile false confession case
|
Indiana Supreme Court Rule of Evidence 617
Indiana Supreme Court - September 15, 2009
State: Indiana
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
The Indiana Supreme Court rule requiring electronic recording of interrogations
|
Etherly v. Schwartz
U.S District Court - August 26, 2009
State: Illinois
Type: Case
Topic: Interrogations, Miranda, or False Confessions
U.S. District Court in Illinois finds 15-year-old's confession involuntary.
|
Brendan Dassey Motion for New Trial
Steven Drizin, Joshua Tepfer, Laura Nirider - August 25, 2009
State: Wisconsin
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions
A sample memorandum of law for post-conviction motion involving an alleged false confession.
|
A.S.
NJ Appellate court - August 12, 2009
State: New Jersey
Type: Case
Topic: Interrogations, Miranda, or False Confessions
Holding that where there is a potential conflict of interest, a parent cannot waive a juvenile's right to counsel during interrogation
|
P.M.P.
NJ Supreme Court - July 29, 2009
State: New Jersey
Type: Case
Topic: Interrogations, Miranda, or False Confessions
Holding indicating that juvenile has right to counsel during interrogations after charges filed in juvenile courts
|
Interrogations and the Law: Does Miranda Work?
Jay Goldberg - June 10, 2009
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
A former U.S. Attorney and prosecutor questions whether the requirements of Miranda really work.
|
Two Tragedies
Jennie A. Arbogast - May 01, 2009
State: Ohio
Type: Journal Article
Topic: Juveniles and Wrongful Convictions
A moving letter to the editor from a former teacher of Anthony Harris, who falsely confessed and was wrongfully convicted in Ohio at the age of 12.
|
Two recently confirmed false confessions: Byron A. Halsey and Jeffrey M. Deskovic
Matthew B. Johnson and Jill Drucker - April 01, 2009
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
A look at police-interrogation induced false confessions through the lens of the Halsey and Deskovic cases. Deskovic was just 16 years' old.
|
So the Innocent Might Go Free
Jacqueline Hartling Stolze - January 01, 2009
State: Iowa
Type: Journal Article
Topic: Juveniles and Wrongful Convictions
Joshua Tepfer, CWCY Staff Attorney, highlighting the problems of false statements of youth.
|
Commutation request for Efren Parades, Jr.
February 07, 2008
State: Michigan
Type: Sample Brief Or Motion
Topic: Juveniles and Wrongful Convictions
A wonderful sample of a commutation request for a wrongfully convicted juvenile.
|
The Comprehensibility and Content of Juvenile Miranda Warnings
Richard Rogers et al - January 01, 2008
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
An examination of juvenile Miranda warnings from across the country.
|
Explaining Juvenile False Confessions: Adolescent Development and the Police
Christine Scott-Hayward - January 01, 2007
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
This Article examines the connections between adolescent psychological development, police interrogation, and false confessions.
|
Roper v Simmons
U.S. Supreme Court - January 01, 2005
State:
Type: Case
Topic: Adolescent Brain Development
Th U.S. Supreme Court's holding that juveniles cannot be subject to the death penalty. The case includes excellent language in the majority opinion that juveniles are categorically different than adults in their biological, psychological, and social development.
|
The Problem of False Confessions in the Post-DNA World
Steven Drizin and Richard Leo - January 01, 2004
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
A study of 125 proven false confessions, 40 of which involve juveniles.
|
Tales from the Juvenile False Confession Front
Steve Drizin and Beth Colgan
State:
Type: Journal Article
Topic: Juveniles and Wrongful Convictions
Stories of Juvenile false confessions
|
Reid Training and Sensitivity to Maturity in Interrogation: Results from a National Survey of Police
Jessica O. Kostelnik and N. Dickon Reppucci
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
A social science examination of how Reid-Trained police versus non Reid-trianed police consider juvenile suggestibility.
|
Role of parent in juvenile custodial interrogations
Farber et al
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
An analytical look at whether parental-presence during interrogation helps suspected youth.
|
The Substance of False Confessions
Brandon Garrett
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
An examination of all DNA exonerees who falsely confessed. This study highlights the problem of contamination.
|
Frequency and Predictors of False Conviction
Samuel L. Gross et. al.
State:
Type: Journal Article
Topic: Innocence
A look at the problems inherent in studying wrongful convictions.
|
State v. Norris
State: North Carolina
Type: Case
Topic: Eyewitness Identification
A case describing North Carolina's juvenile eyewitness identification procedures. North Carolina is the only state that codifies specific eyewitness identification procedures for youth.
|
B.M.B.
State: Kansas
Type: Case
Topic: Interrogations, Miranda, or False Confessions
Kansas case requiring an interested adult present during an interrogation of a juvenile.
|
Commonwealth v. A Juvenile
State: Massachusetts
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A Massachusetts case requring an interested adult present during an interrogation of a juvenile.
|
In re E.T.C.
State: Vermont
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A Vermont case requiring an interested adult present during an interrogation of a juvenile.
|
Lewis v. State
State: Indiana
Type: Case
Topic: Interrogations, Miranda, or False Confessions
An Indiana case requiring an interested adult present during an interrogation of a juvenile.
|
People v. Saiz
State: Colorado
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A Colorado case requiring an interested adult present during an interrogatoin of a juvenile.
|
State v. Presha
State: New Jersey
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A New Jersey case requiring an interested adult present during an interrogation of a juvenile.
|
Commonweath v. DiGiambattista
State: Massachusetts
Type: Case
Topic: Interrogations, Miranda, or False Confessions
Massachusetts case requiring electronic recording of interrogations.
|
Jerrell C.J.
State: Wisconsin
Type: Case
Topic: Interrogations, Miranda, or False Confessions
Wisconsin case requiring electronic recording of interrogations.
|
State v. Hajtic
State: Iowa
Type: Case
Topic: Interrogations, Miranda, or False Confessions
Iowa case requiring electronic recording of interrogations.
|
State v. Scales
State: Minnesota
Type: Case
Topic: Interrogations, Miranda, or False Confessions
Minnesota case requiring electronic recording of interrogations.
|
Stephan v. State
State: Alaska
Type: Case
Topic: Interrogations, Miranda, or False Confessions
Alaska case requiring electronic recording of interrogations.
|
Petition for Post-Conviction Relief -- Thaddues Jimenez
Steve Drizin et al
State: Illinois
Type: Sample Brief Or Motion
Topic: Juveniles and Wrongful Convictions
A sample actual innocence petition for juvenile case involving recantation evidence.
|
Rethinking Knowing, Intelligent, Voluntary Waiver in Massachusetts Juvenile Court
Barbara Kaban and Judith Quinlan
State: Massachusetts
Type: Journal Article
Topic: Guilty Pleas
A study examining whether juveniles really understand what they are doing when the plead guilty.
|
Judging Innocence
Brandon Garrett
State:
Type: Journal Article
Topic: Innocence
This empirical study examines for the first time how the criminal system in the United States handled the cases of people who were subsequently found innocent through postconviction DNA testing.
|
Claiming Innocence
Brandon Garrett
State:
Type: Journal Article
Topic: Innocence
An examination of how courts examine claims of innocence using the DNA exonerations as a database.
|
Convicting the Innocent
Samuel L. Gross et. al.
State:
Type: Journal Article
Topic: Innocence
An empirical review of over 300 cases of the wrongfully convicted.
|
705 ILCS 405/5-170
State: Illinois
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Illinois' statute requiring attorney presence during interrogation for individuals under the age of 13 suspected of murder or rape.
|
HB 534 (Montana)
State: Montana
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Montana electronic recording statute.
|
Foster v. Johnson
5th Circuit Court of Appeals
State:
Type: Case
Topic: Right to Counsel
A 5th Circuit Court of Appeals decision discussing ineffective assistance of counsel during a juvenile transfer hearing.
|
Houskeeper v. State
Utah Appellate Court
State: Utah
Type: Case
Topic: Right to Counsel
A Utah court's discussion of ineffective assistance during a juvenile transfer hearing.
|
State v. Jack
New Jersey appellate court
State: New Jersey
Type: Case
Topic: Right to Counsel
A New Jersey court's discussion of ineffective assistance of counsel during a juvenile transfer hearing.
|
25 MRSA 2803-B
State: Maine
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Maine Electronic Recording of Interrogations Statute
|
725 ILCS 5/103-2.1
State: Illinois
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Illinois Electronic Recording of Interrogations Statute
|
MD Crim Proc 2-402
State: Maryland
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Maryland Electronic Recording of Interrogations Statute
|
NCGS 15A-211
State: North Carolina
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
North Carolina's statute for juvenile eyewitness identification procedures. North Carolina is the only state to codify different procedures of a juvenile eyewitness.
|
Neb. Rev. St. 29-4501-4508
State: Nebraska
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Nebraska Electronic Recording of Interrogations Statute
|
NMSA 29-1-16
State: New Mexico
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
New Mexico Electronic Recording of Interrogations Statute
|
Wisc. Stat. 968.073, 972.115
State: Wisconsin
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Wisconsin Electronic Recording of Interrogations Statute
|
Colo. Rev. Stat. 19-2-511
State: Colorado
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Colorado's statute requring an interested adult present during custodial interrogation of a juvenile.
|
Ind. Code 31-32-5-1
State: Indiana
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Indian's statute requring an interested adult present during interrogation of a juvenile.
|
N.C.G.S.A. 7B-2103
State: North Carolina
Type: Legislation
Topic: Eyewitness Identification
North Carolina Juvenile Eyewitness Identification Procedures
|
D.C. St. 5-116.01
State:
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
D.C.'s Electronic Recording of Interrogations Statute
|
Adolescence, Brain Development and Legal Culpability
American Bar Association
State:
Type: Journal Article
Topic: Adolescent Brain Development
A discussion of Adolescent Brain Development and how it affect juveniles' culpability
|
On the Presumption of Evidentiary Independence
Lisa E. Hasel and Saul M. Kassin
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
A study demonstrating that people's confidence in their eyewitness identifications are greatly effected when they learn of a suspect's confession.
|
Identification Accuracy of Children versus Adults
Joanna D. Pozzulo and R. C. L. Lindsay
State:
Type: Journal Article
Topic: Eyewitness Identification
An examination of juveniles' ability to make eyewitness identifications when compared to adults.
|
Elimination Lineups - An Improved Identification Procedure for Child Eyewitnesses
Joanna D. Pozzulo
State:
Type: Journal Article
Topic: Eyewitness Identification
A proposed procedure for conducting lineups for juvenile eyewitnesses.
|
Perceptions of Children During a Police Interview
Allison Redlich et. al.
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
A social science study examining how the public views the credibility of the statements of child victims versus child suspects.
|
Arkansas Act 759 (2009)
State: Arkansas
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Arkansas bill detailing factors to consider whether juvenile's statement is voluntary. The statute includes electronic recording as a factor.
|
H.B. 557 (Missouri)
State: Missouri
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
Missouri Electronic Recording of Interrogations Statute
|
DC. St. 5-116.01
State: District of Columbia
Type: Legislation
Topic: Interrogations, Miranda, or False Confessions
D.C.'s Electronic Recording of Interrogations Statute
|
Are Juvenile Courts a Breeding Ground for Wrongful Convictions?
Steve Drizin and Greg Luloff
State:
Type: Journal Article
Topic: Juveniles and Wrongful Convictions
A look at the problem of wrongful convictions of young people and how the juvenile court system may exacerbate the problem.
|
The Age of the Child
Tamar Birckhead
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
An analytical look at the problems of interrogating youth in light of the U.S. Supreme Court's holding in Roper v. Simmons.
|
Why Minors Accused of Serious Crimes Cannot Waive Counsel
Stephen Ceci
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
A brief article from a renowned developmental psychologist explaining why minors cannot make a voluntary waiver of their Miranda rights.
|
Practices and Preceptions Regarding Juvenile Interrogation and Interrogative Suggestibility
Meyer et al
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
A social science research study on police beliefs about the reliabilty of interrogation techniques with minors.
|
Testimony and Interrogation of Minors
Jessica Owen-Kostelnik, N. Dickon Reppucci, and Jessica R. Meyer
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
This article examines the legal histories and social contexts of testimony and interrogation involving minors, developmental research on suggestibility and judgment, interactions between development and legal/sociological contexts, and the reasoning behind how minors are treated in different legal contexts.
|
Taking Responsibility for an Act not Committed
Redlich et al
State:
Type: Journal Article
Topic: Interrogations, Miranda, or False Confessions
A social science research study of minors testing whether they would falsely confess to crashing a computer.
|
Jerrell C.J. amicus brief
Steven Drizin
State: Wisconsin
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions
An amicus brief advocating for electronic recording of juvenile interrogations.
|
Massey clemency
Beth Colgan
State: Washington
Type: Sample Brief Or Motion
Topic: Juveniles and Wrongful Convictions
A sample Clemency Petition for a juvenile.
|
Massey supplemental clemency
Beth Colgan
State: Washington
Type: Sample Brief Or Motion
Topic: Juveniles and Wrongful Convictions
Supplemental letter and reply to the state's response for a juvenile's clemency.
|
Otis Parole Letter
State: Arkansas
Type: Sample Brief Or Motion
Topic: Juveniles and Wrongful Convictions
Sample Juvenile Parole application.
|
A.M. v. Butler (7th Circ.)
7th Circuit Appellate Court
State:
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A 7th Circuit Court of Appeals case discussing a juvenile's Miranda waiver and the voluntariness of his confession.
|
A.M. v. Butler (Federal District Court)
State:
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A Federal District Court decision discussing a juvenile's waiver of Miranda and the voluntariness of his confession.
|
Anthony Harris (unreported)
State: Ohio
Type: Case
Topic: Interrogations, Miranda, or False Confessions
An Ohio case discussing a juvenile's Miranda waiver and the volunariness of his confession.
|
Doody v. Schriro
9th Circuit court of appeals
State:
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A 9th Circuit Court of Appeals decision discussing a juvenile's Miranda waiver and the voluntariness of his confession.
|
Hardaway v. Young
7th Circuit Appellate Court
State:
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A 7th Circuit Court of Appeals decision discussing a juvenile's Miranda waiver and the voluntariness of his confession.
|
L.M.
State: Texas
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A Texas case discussing a juvenile's Miranda waiver and the voluntariness of her confession.
|
Taylor v. Maddox
9th Circuit Court of Appeals
State:
Type: Case
Topic: Interrogations, Miranda, or False Confessions
A 9th Circuit Court of Appeals case discussing a juvenile's Mranda waiver and the voluntariness of her confession.
|
Edmonds v. Mississippi
Steven Drizin et al
State: Mississippi
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions
An amicus brief addressing issues of parental presence during juvenile interrogations, electronic recording of interrogations, and the admissibility of police interrogation experts.
|
Roper v. Simmons AMA amicus brief
American Medical Association
State:
Type: Sample Brief Or Motion
Topic: Adolescent Brain Development
An amicus brief in the U.S. Supreme Court discussing adolescent brain development.
|
Otis v. Arkansas
Steven Drizin
State: Arkansas
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions
An amicus brief addressing issues of a juvenile's waiver of Miranda, the reliability of his confession, and electronic recording of custodial interrogations.
|
Levi Dunn complaint
State: Oregon
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions
A civil complaint filed on behalf of a 12-year old, Levi Dunn, against the police for inducing him to falsely confess to killing a dog. The complaint is particularly noteworthy as it asks for injunctive relief requiring the county to record interrogations.
|
Jonathan Doody 9th Circ. Decision
9th Circuit
State: Arizona
Type: Case
Topic: Interrogations, Miranda, or False Confessions
En Banc 9th Circuit upholds decision finding 17-year-old Jonathan Doody's confession involuntary
|
Damien Echols amicus brief
CWCY
State: Arkansas
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions
An amicus brief filed by the CWCY in the case of Damien Echols focusing on the unreliability of 17-year-old Jessie Misskelley's statement to police and the fact that, despite its unreliability, the jurors likely viewed it as overwhelming evidence of Echols' guilt.
|
CWCY video trailer
Click here to visit us on Facebook.
Cases We're Following
