Challenge About What Happened in the Interview Room, Research Paper Example

Abstract

A police officer who is responsible for interrogating a suspected criminal, whether an adult or a minor, ought to understand that the eminence of the interactions between the correctional and criminal justice system forms a pedestal in determining the social and economic development of any country.  In the same manner, by any principles of human discourse, a voluntary criminal confession is a rarity.

Introduction

A confession is on normal circumstances aggravated, manipulated, and forced from a suspect by an officer who has undergone thorough training in indisputably devious art. However, this is the quintessence of interrogation. A conversation between a police detective and a criminal, in absence of treachery is uncommon. On the other hand, if the interrogation procedure is, from an ethical perspective, contemptible, it is nevertheless important. The Supreme Court does not necessitate any particular technical safeguards when police officers interrogate youths and employ the adult standard. Developmental psychologists have deliberated on adolescents’ aptitude to exercise their Miranda rights. The underlying issue being whether juveniles have the cognitive capacity and adjudicative proficiency required to exercise their legal rights. The psychologists challenged that irresponsibility and vulnerability cause juveniles to be distinctively vulnerable to police interrogation strategies (Feld, 2006).

Vulnerability of juveniles under police interrogation

Ever since the Supreme Court decided to implement Miranda, there is scanty empirical research concerning what in fact transpires when police interrogate criminal suspects especially how police customarily interrogate delinquents (Feld, 2006). A confession, regardless of whether made by an adult or a juvenile, is assessed on the basis of the entirety of the conditions surrounding that particular confession. In the case of juvenile cases, the entirety approach necessitates an appraisal of the juvenile’s age, intelligence, education, experience, and background, as well as the circumstances concerning the confession. The Supreme Court is keen on the need to apply exceptional caution when appraising the voluntariness of a confession from a juvenile. This is applied particularly when there is extended or repetitive interrogation or also in the event that the interrogation takes place in the absence of a lawyer, parent, or other adult known to the juvenile. In Haley v. Ohio, 332 U.S. 596, 599-601, 68 S.Ct. 302, 92 L.Ed. 224 (1948) the trial court appropriately acknowledged that it was necessary to apply an entirety of the circumstances investigation and also stated its acknowledgement that the defendant in court was a juvenile. The court also noted that great care should be taken to make certain that the confession was voluntary.

Application of Principles of Criminal Justice

In the interrogation of the juvenile in question, the police officer should have taken into account at least two fundamental principles of criminal law. The police officer ought to remember that the suspect is innocent until proven guilty and also the suspect’s burden of proof which can only be established in a court of law. The foundation of the criminal justice system is that a suspect, even if charged with an offence, is presumed innocent until proven guilty of the particular offence. The due process of the law must certify beyond any reasonable doubt that the suspect is guilty. The police officer in this case acted against this principle by declaring that the suspect is guilty even before being subjected to the due process of the law (Legal Services Commission of South Australia, 2008).  The police officer ought to understand that the duty of establishing the guilt of a suspect is the prerogative of the prosecution. It is not the prerogative of the suspect to establish their innocence. This rule is applicable in every criminal trial.

References

Feld, B.C. (2006). Criminology. Police interrogation of juveniles: An empirical study of policy and practice. The Journal of Criminal Law & Criminology. Vol 97, No 1.

Journal on Criminal Law and Criminology. (2006). Police Interrogation of Juveniles: An Empirical Study of Policy and Practice. Retrieved may 22, 2011 from http://ftp.resource.org/courts.gov/c/F3/302/302.F3d.757.01-3450.html

Legal Services Commission of South Australia. (2008). General Principles in Criminal Law. Retrieved may 22, 2011 from http://www.lawhandbook.sa.gov.au/ch10s02.php