Warney v. New York
New York - April 01, 2011
State: New York
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
New York's high court decision in the civil case of Douglas Warney. The court speaks fluently on the issues of coerced, false, and contaminated confessions.
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People v. Carballido
IL Appellate Court - March 17, 2011
State: Illinois
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
An excellent decision from the 2nd District appellate court in Illinois. Remanding for post-conviction consideration on whether a 17-year-old statement was involuntary, noting the suspect's youth, lack of parent presence, and the fact that there was no recording is a factor to consider.
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Commonwealth v. Alicia
PA appellate court - March 14, 2011
State: Pennsylvania
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
PA appellate court allows expert testimony on false confessions and police interrogation.
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Nga Truong
MA district court - February 25, 2011
State: Massachusetts
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
Decision suppressing 16-year-old girl's confession as involuntary and holding that the Miranda waiver was not knowing or voluntary.
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Taking a hard look at police in schools
National Law Journal - February 09, 2011
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
The CWCY wrote an amicus brief in the U.S. Supreme Court in the case of In re J.D.B., an important case that will decide whether a suspect's age should be considered in determining whether someone is in custody for Miranda purposes. Our brief argued that because juveniles are susceptible to false confessions, the consideration of age is an important protective factor. The National Law Journal picked up on our brief and labeled it its "brief of the week."
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State of Wisconsin v. Adams
November 07, 2010
State: Wisconsin
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
In this case, Jarrett Adams appeals to the Court of Appeals of Wisconsin, arguing that his trial counsel was ineffective, justice was miscarried, and that evidence was insufficient.
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AR v. Echols
AR Supreme Court - November 04, 2010
State: Arkansas
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
Historic victory for Damien Echols and the rest of the WM3.
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Lockhart v CT
CT Supreme Court - October 12, 2010
State: Connecticut
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
The Connecticut Supreme Court decision that praises electronic recording of interrogations but refuses to use its supervisory authority to require it.
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Welch v. United States Amicus
CWCY - October 07, 2010
State: Illinois
Type: Sample Brief Or Motion
Topic(s):
• Juveniles and Wrongful Convictions
Devin Welch received an enhanced sentence in adult court because of his previous juvenile adjudication, even though he had been adjudicated delinquent without the benefit of a jury trial. This amicus brief urges the USSCT to take on this case and focuses on the unreliability of juvenile adjudications.
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People v. Newman
Federal District court - September 23, 2010
State: Illinois
Type: Case
Topic(s):
• Right to Counsel
CWCY client Melvin Newman is a mentally retarded teenager who was incompetent to stand trial and wrongfully convicted of murder. Through the amazing legal work of Steve Drizin, Newman will finally get his chance to prove he received constitutionally deficient assistance of counsel and deserves a new trial. The District court's decision has great language regarding counsel's duty to investigate a client's competency.
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PA v. Jordan Brown
Baker & McKenzie - September 13, 2010
State: Pennsylvania
Type: Sample Brief Or Motion
Topic(s):
• Adolescent Brain Development
The CWCY has gladly signed on to the amicus curaie brief in support of Jordan Brown, which asks the appellate court to reverse the decision to allow Brown to be prosecuted as an adult and face a potential life sentence. Brown, charged with murder, is only 11 years' old and would be the youngest person ever charged as an adult in PA.
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U.S. v. Slaight
Seventh Circuit - September 02, 2010
State: Illinois
Type: Case
Topic(s):
• 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.
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People v. Kowalski
Michigan State Court of Appeals - August 26, 2010
State: Michigan
Type: Case
Topic(s):
• Eyewitness Identification
In this case, the Michigan Court of Appeals affirms a lower court decision to exclude the testimony of an eyewitness testimony expert.
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Brendan Dassey post hearing reply brief
CWCY - July 26, 2010
State: Wisconsin
Type: Sample Brief Or Motion
Topic(s):
• Juveniles and Wrongful Convictions
Post-hearing reply brief in the case of 16-year-old Brendan Dassey.
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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(s):
• Interrogations, Miranda, or False Confessions
Sample federal legislation for recording of custodial interrogations.
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LA House Bill 663/Act 593
Louisina legislature - July 01, 2010
State: Louisiana
Type: Legislation
Topic(s):
• 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
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LOSING HOLD OF THE GUIDING HAND: INEFFECTIVE ASSISTANCE OF COUNSEL IN JUVENILE DELINQUENCY REPRESENTATION
Barbara Fedders - June 14, 2010
State:
Type: Journal Article
Topic(s):
• Right to Counsel
A terrific article detailing the failings of counsel in representing juveniles.
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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(s):
• Right to Counsel
A terrific article detailing the failings of counsel in representing juveniles.
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Brendan Dassey post-hearing brief
CWCY - May 25, 2010
State: Wisconsin
Type: Case
Topic(s):
• 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
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Graham v. Florida
U.S. Supreme Court - May 17, 2010
State:
Type: Case
Topic(s):
• Adolescent Brain Development
Because kids are different, the U.S. Supreme Court outlaws sentences of life without the opportunity for parole for children convicted of non-homicide offenses.
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Welch v. United States
7th Circuit Court of Appeals - May 04, 2010
State: Illinois
Type: Case
Topic(s):
• 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.
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Did 12-year-old earn murderer label fairly? Boy challenging confession in high court
Democrat-Gazette - April 21, 2010
State: Arkansas
Type: Case
Topic(s):
• 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.
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Juvenille Law Reform - Ensuring the Right to Counsel
Donna M. Bishop - April 08, 2010
State:
Type: Journal Article
Topic(s):
• Right to Counsel
In this introductory piece written by a professor at Northeastern University, the author explains why it is so fundamentally important for minors to have access to legal counsel. She draws on the U.S. Supreme Court case In re Gault (1967) and the relevant literature to illustrate her points.
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When a "right" is not enough - Implementation of the Right to Counsel in an Age of Ambivalence
Robert G. Schwartz and Marsha Levick - April 08, 2010
State: Pennsylvania
Type: Journal Article
Topic(s):
• Right to Counsel
Revealing that simply giving a right to counsel is not enough, the authors of this article argue more must be done to protect the rights of juveniles. They suggest several reforms, including making the right to counsel mandatory, and opening to juvenile courts to public scrutiny, to decrease incidences of incompetence and corruption
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The Right to Counsel in Juvenille Court
Barry Feld and Shelly Shaefer - April 08, 2010
State: Minnesota
Type: Journal Article
Topic(s):
• Right to Counsel
Explaining that efforts to provide adequate defense counsel for juveniles have been insufficient in several states, this interesting article presents a study analyzing the effectiveness of a Minnesota state law created to deal with this issue.
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Does having an Attorney Provide a Better Outcome?
Kimberly Kempf-Leonard - April 08, 2010
State: Illinois
Type: Journal Article
Topic(s):
• Right to Counsel
In this illuminating policy essay, the author reveals that even though juveniles today have access to lawyers, often, the problem is that they are incompetent and thus donโt contribute or provide a sufficient defense during the trial for the juvenile.
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T.C. supplemental brief to AR SCT
Dorcy Corbin - February 08, 2010
State: Arkansas
Type: Sample Brief Or Motion
Topic(s):
• 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.
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Washington v. ANJ
WA Supreme Court - January 28, 2010
State: Washington
Type: Case
Topic(s):
• 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.
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T.C. brief amicus curiae
CWCY attorneys - January 14, 2010
State: Arkansas
Type: Sample Brief Or Motion
Topic(s):
• 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.
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INTENTIONAL WRONGFUL CONVICTION OF CHILDREN
Vic Streib - January 01, 2010
State: Illinois
Type: Journal Article
Topic(s):
• Juveniles and Wrongful Convictions
Arguing that the intentional wrongful conviction of children is a prevelant problem and unique to kids.
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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(s):
• Juveniles and Wrongful Convictions
An article detailing the history and state of wrongful conviction research.
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Gonzalez v State (2009)
Court of Claims of New York - November 23, 2009
State: New York
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Masters v. Gilmore (2009)
US District Court, D. Colorado - November 17, 2009
State: Colorado
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Judge Says Murder Defendant Jailed for 18 Years is Innocent
Daniel Wise - November 13, 2009
State: New York
Type: Journal Article
Topic(s):
• 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.
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Untrue Confessions
Joshua Tepfer - November 01, 2009
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
The problem of false confessions of youth is explained in this article by CWCY Staff Attorney Joshua Tepfer
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Corey Batchelor Motion for Forensic Testing
Joshua Tepfer and Steven Drizin - September 23, 2009
State: Illinois
Type: Sample Brief Or Motion
Topic(s):
• Innocence
A sample motion for forensic testing in a juvenile false confession case
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Stoot v. City of Everret
September 18, 2009
State: Washington
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
In this decision, the U.S. Court of Appeals for the Ninth Circuit holds that a police officer is not entitled to qualified immunity after coercing the confession of a juvenile defendant and later using that confession against him in a criminal proceeding, violating the defendantโs 5th Amendment rights. The defendant had been forced to confess he had molested a child; the alleged victim was three at the time.
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Indiana Supreme Court Rule of Evidence 617
Indiana Supreme Court - September 15, 2009
State: Indiana
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
The Indiana Supreme Court rule requiring electronic recording of interrogations
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Etherly v. Schwartz
U.S District Court - August 26, 2009
State: Illinois
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
U.S. District Court in Illinois finds 15-year-old's confession involuntary.
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Brendan Dassey Motion for New Trial
Steven Drizin, Joshua Tepfer, Laura Nirider - August 25, 2009
State: Wisconsin
Type: Sample Brief Or Motion
Topic(s):
• Interrogations, Miranda, or False Confessions
A sample memorandum of law for post-conviction motion involving an alleged false confession.
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A.S.
NJ Appellate court - August 12, 2009
State: New Jersey
Type: Case
Topic(s):
• 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
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Lisker v Knowles (2009)
US District Court, C.D. California - August 06, 2009
State: California
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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P.M.P.
NJ Supreme Court - July 29, 2009
State: New Jersey
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
Holding indicating that juvenile has right to counsel during interrogations after charges filed in juvenile courts
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Tennison v City and County of San Francisco (2009)
US Court of Appeals, Ninth Circuit - June 23, 2009
State: California
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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The state of Washington v. Riofta
June 11, 2009
State: Washington
Type: Case
Topic(s):
The Supreme Court of the state of Washington rules in this case that the procedural requirements imposed by state law do not preclude the DNA testing of potentially exculpatory evidence on the basis that it could have been, but was not tested, prior to the trial. The evidence in question in this case was a white hat worn by the perpetrator of the crime.
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Interrogations and the Law: Does Miranda Work?
Jay Goldberg - June 10, 2009
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
A former U.S. Attorney and prosecutor questions whether the requirements of Miranda really work.
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Two Tragedies
Jennie A. Arbogast - May 01, 2009
State: Ohio
Type: Journal Article
Topic(s):
• 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.
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Bain v Florida (2009)
Florida Court of Appeal, Second District - April 22, 2009
State: Florida
Type: Case
Topic(s):
• Eyewitness Identification
Read this case in which the Court of Appeals of Florida rules in favor of James Bain, and orders that the trial court cannot deny James DNA testing so that he can get a chance to prove his innocence.
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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(s):
• 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.
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Douglas v Workman (2009)
United States Court of Appeals, Tenth Circuit - March 26, 2009
State: Oklahoma
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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So the Innocent Might Go Free
Jacqueline Hartling Stolze - January 01, 2009
State: Iowa
Type: Journal Article
Topic(s):
• Juveniles and Wrongful Convictions
Joshua Tepfer, CWCY Staff Attorney, highlighting the problems of false statements of youth.
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Gonzalez v State (2008)
Court of Claims of New York - December 23, 2008
State: New York
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Commutation request for Efren Parades, Jr.
February 07, 2008
State: Michigan
Type: Sample Brief Or Motion
Topic(s):
• Juveniles and Wrongful Convictions
A wonderful sample of a commutation request for a wrongfully convicted juvenile.
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The Comprehensibility and Content of Juvenile Miranda Warnings
Richard Rogers et al - January 01, 2008
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
An examination of juvenile Miranda warnings from across the country.
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State v Daniels (Dec. 6, 2007)
Supreme Court of North Carolina - December 06, 2007
State: North Carolina
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Bain v Florida (2007)
Florida Court of Appeal, Second District - August 29, 2007
State: Florida
Type: Case
Topic(s):
• Eyewitness Identification
In this case, the Florida Court of Appeals for the Second District decides on James Bain's motion to introduce DNA evidence.
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Edmonds v State (2007)
Supreme Court of Mississippi - May 10, 2007
State: Mississippi
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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State v Daniels (January 2, 2007)
Court of Appeals of North Carolina - January 02, 2007
State: North Carolina
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Explaining Juvenile False Confessions: Adolescent Development and the Police
Christine Scott-Hayward - January 01, 2007
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
This Article examines the connections between adolescent psychological development, police interrogation, and false confessions.
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Adams v. Bertrand
June 30, 2006
State: Wisconsin
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
The U.S. Court of Appeals for the 7th Circuit rules in favor of Jarrett Adams on the basis that during the original trial that led to his conviction, his counsel was deficient and did not meet constitutional requirements.
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In re Mario Rocha (2006)
April 19, 2006
State: California
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Evans v City of Chicago (2006)
United States District Court, N.D. Illinois, Eastern Division - January 06, 2006
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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State v Oakley (2005)
Court of Appeals of Texas, Austin - December 16, 2005
State: Texas
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Johnson v Mahoney (2005)
US Court of Appeals, First Circuit - September 20, 2005
State: Massachusetts
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Roper v Simmons
U.S. Supreme Court - January 01, 2005
State:
Type: Case
Topic(s):
• 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.
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Carmona v City of Costa Mesa (2004)
U.S. Court of Appeals, Ninth Circuit - June 18, 2004
State: California
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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The Problem of False Confessions in the Post-DNA World
Steven Drizin and Richard Leo - January 01, 2004
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
A study of 125 proven false confessions, 40 of which involve juveniles.
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Tennison v Henry (2003)
US District, N.D. California - August 26, 2003
State: California
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Cousin v Small (2003)
U.S. Court of Appeals, Fifth Circuit - March 24, 2003
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Harrington v State (2003)
Supreme Court of Iowa - February 23, 2003
State: Iowa
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Guilty Until Proven Innocent - The Case of Herman Douglas May
Beth Albright and Debbie Davis - January 01, 2003
State: Kentucky
Type: Journal Article
Topic(s):
• Juveniles and Wrongful Convictions
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People v Wise (2002)
Supreme Court, New York County, New York - December 19, 2002
State: New York
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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U.S. ex rel. A.M. v. Butler
June 19, 2002
State: Illinois
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
The Petitioner is a juvenile who was convicted for the first-degree murder of his 83-year-old neighbor; he was ten at the time of the alleged offense. The U.S. District Court holds that because the juvenile did indeed have ineffective counsel and the administration of his Miranda warning did not sufficiently fulfill his constitutional protections, the juvenile is entitled to appropriate remedies since he has already completed his sentence.
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Carmona v County of Orange (2002)
U.S. District Court, C.D. California, Southern Division - April 19, 2002
State: California
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Louisiana v Hayes (2001)
Court of Appeal of Louisiana - December 23, 2001
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Cousin v Lensing (2002)
U.S. Court of Appeals, Fifth Circuit - November 12, 2001
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Morales v Portuondo (2001)
US District Court, S.D. New York - September 27, 2001
State: New York
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Montalvo v Portuondo (2001)
US District Court, S.D. New York - July 30, 2001
State: New York
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Osborne v Commonwealth (2001)
Supreme Court of Kentucky - April 26, 2001
State: Kentucky
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Sutton v State (2001)
Court of Appeals of Texas, 14th District - January 18, 2001
State: Texas
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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State v Sheets (2000)
Supreme Court of Nebraska - September 15, 2000
State: Nebraska
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Opinion In the Matter of: Anthony R. Harris
Court of Appeals of Ohio, Fifth District - June 07, 2000
State: Ohio
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Gibson v State (2000)
Supreme Court of Louisiana - April 11, 2000
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Ollins v Cooper (2000)
US Court of Appeals, Seventh Circuit - January 03, 2000
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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State v Cousin (1998)
Supreme Court of Louisiana - April 14, 1998
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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State v. Bromgard (1997)
Supreme Court of Montana - October 21, 1997
State: Montana
Type: Case
Topic(s):
• Eyewitness Identification
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Illinois v Jimenez (1996)
Appellate Court of Illinois, First District, Fifth Division - December 03, 1996
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Guerra v Johnson (1996)
United States Court of Appeals, Fifth Circuit - July 30, 1996
State: Texas
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Williams v Edwards (1996)
US Court of Appeals, Fifth Circuit - July 24, 1996
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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State v Reed (1996)
Court of Appeals of Wisconsin - June 25, 1996
State: Wisconsin
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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State v. Bromgard (1995)
Supreme Court of Montana - September 08, 1995
State: Montana
Type: Case
Topic(s):
• Eyewitness Identification
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Pardue v State (1995)
Supreme Court of Alabama - September 02, 1995
State: Alabama
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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People v Rojas (1995)
Supreme Court of New York - July 20, 1995
State: New York
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Guerra v Collins (1995)
United States District Court, S.D. Texas - May 18, 1995
State: Texas
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
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State v Hunt (1995)
Supreme Court of North Carolina - March 02, 1995
State: North Carolina
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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State v Hunt (2004)
Supreme Court of North Carolina - December 30, 1994
State: North Carolina
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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People v Cruz (1994)
Illinois Supreme Court - July 14, 1994
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Montana v. Bromgard
Supreme Court of Montana - November 02, 1993
State: Montana
Type: Case
Topic(s):
• Eyewitness Identification
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Williams v State (1992)
Court of Appeals of Texas, Waco - October 14, 1992
State: Texas
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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People v Saunders (1992)
Appellate Court of Illinois, First District, Third Division - September 30, 1992
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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People v Ollins (September 1992)
Appellate Court of Illinois, First District, Third Division - September 02, 1992
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Butler v Mississippi
Supreme Court of Mississippi - August 26, 1992
State: Mississippi
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
Read the Supreme Court case opinion of Sabrina Butler, who was wrongly convicted of murdering her nine-month-old-son.
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People v Ollins (1992)
Appellate Court of Illinois, First District, Third Division - June 24, 1992
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Williams v McKeithen (1991)
US Court of Appeals, Fifth Circuit - August 13, 1991
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Louisiana v Knapper (1991)
Supreme Court of Louisiana - May 06, 1991
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Cox v State (1989)
Supreme Court of Florida - December 21, 1989
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Ohio v Booker
Court of Appeals of Ohio, 8th District - May 26, 1988
State: Ohio
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Commonwealth of Pennsylvania v Baker
Superior Court of Pennsylvania - March 08, 1988
State: Pennsylvania
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
In this case, the Superior Court of Pennsylvania affirms the lower court's conviction of Edward Baker.
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People v Warner (1986)
New York Supreme Court, Appellate Division, Second Department - April 28, 1986
State: New York
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Webster v State (1984)
Court of Appeals of Maryland - May 25, 1984
State: Maryland
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Gray v Illnois (1983)
United States Court of Appeals, Seventh Circuit - November 16, 1983
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Williams v Treens (1982)
US Court of Appeals, Fifth Circuit - March 31, 1982
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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People v Gray (1980)
Appellate Court of Illinois, First District, Fifth Division - August 08, 1980
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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People v Evans (1980)
Appellate Court of Illinois, First District, Second Division - February 14, 1980
State: Illinois
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Williams v State (1977)
Supreme Court of Lousiana - September 19, 1977
State: Louisiana
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Reilly v State (1976)
March 25, 1976
State: Connecticut
Type: Case
Topic(s):
• Juveniles and Wrongful Convictions
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Pennsylvania v Baker (1976)
Supreme Court of Pennsylvania - March 17, 1976
State: Pennsylvania
Type: Case
Topic(s):
• Eyewitness Identification
This Pennsylvania Supreme Court case involves Edward Baker, who was wrongfully convicted of murder, burglary, and conspiracy.
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Arkansas Act 759 (2009)
State: Arkansas
Type: Legislation
Topic(s):
• 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.
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H.B. 557 (Missouri)
State: Missouri
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
Missouri Electronic Recording of Interrogations Statute
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DC. St. 5-116.01
State: District of Columbia
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
D.C.'s Electronic Recording of Interrogations Statute
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Massey supplemental clemency
Beth Colgan
State: Washington
Type: Sample Brief Or Motion
Topic(s):
• Juveniles and Wrongful Convictions
Supplemental letter and reply to the state's response for a juvenile's clemency.
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Otis Parole Letter
State: Arkansas
Type: Sample Brief Or Motion
Topic(s):
• Juveniles and Wrongful Convictions
Sample Juvenile Parole application.
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Are Juvenile Courts a Breeding Ground for Wrongful Convictions?
Steve Drizin and Greg Luloff
State:
Type: Journal Article
Topic(s):
• 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.
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The Age of the Child
Tamar Birckhead
State:
Type: Journal Article
Topic(s):
• 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.
|
Tales from the Juvenile False Confession Front
Steve Drizin and Beth Colgan
State:
Type: Journal Article
Topic(s):
• Juveniles and Wrongful Convictions
Stories of Juvenile false confessions
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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(s):
• Interrogations, Miranda, or False Confessions
A social science examination of how Reid-Trained police versus non Reid-trianed police consider juvenile suggestibility.
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Role of parent in juvenile custodial interrogations
Farber et al
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
An analytical look at whether parental-presence during interrogation helps suspected youth.
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The Substance of False Confessions
Brandon Garrett
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
An examination of all DNA exonerees who falsely confessed. This study highlights the problem of contamination.
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Frequency and Predictors of False Conviction
Samuel L. Gross et. al.
State:
Type: Journal Article
Topic(s):
• Innocence
A look at the problems inherent in studying wrongful convictions.
|
Why Minors Accused of Serious Crimes Cannot Waive Counsel
Stephen Ceci
State:
Type: Journal Article
Topic(s):
• 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.
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Practices and Preceptions Regarding Juvenile Interrogation and Interrogative Suggestibility
Meyer et al
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
A social science research study on police beliefs about the reliabilty of interrogation techniques with minors.
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Testimony and Interrogation of Minors
Jessica Owen-Kostelnik, N. Dickon Reppucci, and Jessica R. Meyer
State:
Type: Journal Article
Topic(s):
• 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.
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Taking Responsibility for an Act not Committed
Redlich et al
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
A social science research study of minors testing whether they would falsely confess to crashing a computer.
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A.M. v. Butler (7th Circ.)
7th Circuit Appellate Court
State:
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
A 7th Circuit Court of Appeals case discussing a juvenile's Miranda waiver and the voluntariness of his confession.
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A.M. v. Butler (Federal District Court)
State:
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
A Federal District Court decision discussing a juvenile's waiver of Miranda and the voluntariness of his confession.
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Anthony Harris (unreported)
State: Ohio
Type: Case
Topic(s):
• 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(s):
• Interrogations, Miranda, or False Confessions
A 9th Circuit Court of Appeals decision discussing a juvenile's Miranda waiver and the voluntariness of his confession.
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Hardaway v. Young
7th Circuit Appellate Court
State:
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
A 7th Circuit Court of Appeals decision discussing a juvenile's Miranda waiver and the voluntariness of his confession.
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L.M.
State: Texas
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
A Texas case discussing a juvenile's Miranda waiver and the voluntariness of her confession.
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Taylor v. Maddox
9th Circuit Court of Appeals
State:
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
A 9th Circuit Court of Appeals case discussing a juvenile's Mranda waiver and the voluntariness of her confession.
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Edmonds v. Mississippi
Steven Drizin et al
State: Mississippi
Type: Sample Brief Or Motion
Topic(s):
• 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.
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Roper v. Simmons AMA amicus brief
American Medical Association
State:
Type: Sample Brief Or Motion
Topic(s):
• Adolescent Brain Development
An amicus brief in the U.S. Supreme Court discussing adolescent brain development.
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Otis v. Arkansas
Steven Drizin
State: Arkansas
Type: Sample Brief Or Motion
Topic(s):
• 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.
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Jerrell C.J. amicus brief
Steven Drizin
State: Wisconsin
Type: Sample Brief Or Motion
Topic(s):
• Interrogations, Miranda, or False Confessions
An amicus brief advocating for electronic recording of juvenile interrogations.
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Massey clemency
Beth Colgan
State: Washington
Type: Sample Brief Or Motion
Topic(s):
• Juveniles and Wrongful Convictions
A sample Clemency Petition for a juvenile.
|
Adolescence, Brain Development and Legal Culpability
American Bar Association
State:
Type: Journal Article
Topic(s):
• Adolescent Brain Development
A discussion of Adolescent Brain Development and how it affect juveniles' culpability
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On the Presumption of Evidentiary Independence
Lisa E. Hasel and Saul M. Kassin
State:
Type: Journal Article
Topic(s):
• 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.
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Identification Accuracy of Children versus Adults
Joanna D. Pozzulo and R. C. L. Lindsay
State:
Type: Journal Article
Topic(s):
• 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(s):
• Eyewitness Identification
A proposed procedure for conducting lineups for juvenile eyewitnesses.
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Perceptions of Children During a Police Interview
Allison Redlich et. al.
State:
Type: Journal Article
Topic(s):
• 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.
|
B.M.B.
State: Kansas
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
Kansas case requiring an interested adult present during an interrogation of a juvenile.
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Commonwealth v. A Juvenile
State: Massachusetts
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
A Massachusetts case requring an interested adult present during an interrogation of a juvenile.
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In re E.T.C.
State: Vermont
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
A Vermont case requiring an interested adult present during an interrogation of a juvenile.
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Lewis v. State
State: Indiana
Type: Case
Topic(s):
• 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(s):
• Interrogations, Miranda, or False Confessions
A Colorado case requiring an interested adult present during an interrogatoin of a juvenile.
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State v. Presha
State: New Jersey
Type: Case
Topic(s):
• 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(s):
• Interrogations, Miranda, or False Confessions
Massachusetts case requiring electronic recording of interrogations.
|
Jerrell C.J.
State: Wisconsin
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
Wisconsin case requiring electronic recording of interrogations.
|
State v. Hajtic
State: Iowa
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
Iowa case requiring electronic recording of interrogations.
|
State v. Scales
State: Minnesota
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
Minnesota case requiring electronic recording of interrogations.
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Stephan v. State
State: Alaska
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
Alaska case requiring electronic recording of interrogations.
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State v. Norris
State: North Carolina
Type: Case
Topic(s):
• 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.
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Petition for Post-Conviction Relief -- Thaddues Jimenez
Steve Drizin et al
State: Illinois
Type: Sample Brief Or Motion
Topic(s):
• Juveniles and Wrongful Convictions
A sample actual innocence petition for juvenile case involving recantation evidence.
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Rethinking Knowing, Intelligent, Voluntary Waiver in Massachusetts Juvenile Court
Barbara Kaban and Judith Quinlan
State: Massachusetts
Type: Journal Article
Topic(s):
• 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(s):
• 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(s):
• 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(s):
• Innocence
An empirical review of over 300 cases of the wrongfully convicted.
|
705 ILCS 405/5-170
State: Illinois
Type: Legislation
Topic(s):
• 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(s):
• Interrogations, Miranda, or False Confessions
Montana electronic recording statute.
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Foster v. Johnson
5th Circuit Court of Appeals
State:
Type: Case
Topic(s):
• Right to Counsel
A 5th Circuit Court of Appeals decision discussing ineffective assistance of counsel during a juvenile transfer hearing.
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Houskeeper v. State
Utah Appellate Court
State: Utah
Type: Case
Topic(s):
• Right to Counsel
A Utah court's discussion of ineffective assistance during a juvenile transfer hearing.
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State v. Jack
New Jersey appellate court
State: New Jersey
Type: Case
Topic(s):
• Right to Counsel
A New Jersey court's discussion of ineffective assistance of counsel during a juvenile transfer hearing.
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25 MRSA 2803-B
State: Maine
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
Maine Electronic Recording of Interrogations Statute
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725 ILCS 5/103-2.1
State: Illinois
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
Illinois Electronic Recording of Interrogations Statute
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MD Crim Proc 2-402
State: Maryland
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
Maryland Electronic Recording of Interrogations Statute
|
NCGS 15A-211
State: North Carolina
Type: Legislation
Topic(s):
• 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.
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Neb. Rev. St. 29-4501-4508
State: Nebraska
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
Nebraska Electronic Recording of Interrogations Statute
|
NMSA 29-1-16
State: New Mexico
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
New Mexico Electronic Recording of Interrogations Statute
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Wisc. Stat. 968.073, 972.115
State: Wisconsin
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
Wisconsin Electronic Recording of Interrogations Statute
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Colo. Rev. Stat. 19-2-511
State: Colorado
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
Colorado's statute requring an interested adult present during custodial interrogation of a juvenile.
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Ind. Code 31-32-5-1
State: Indiana
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
Indian's statute requring an interested adult present during interrogation of a juvenile.
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N.C.G.S.A. 7B-2103
State: North Carolina
Type: Legislation
Topic(s):
• Eyewitness Identification
North Carolina Juvenile Eyewitness Identification Procedures
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D.C. St. 5-116.01
State:
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
D.C.'s Electronic Recording of Interrogations Statute
|
Levi Dunn complaint
State: Oregon
Type: Sample Brief Or Motion
Topic(s):
• 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.
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Jonathan Doody 9th Circ. Decision
9th Circuit
State: Arizona
Type: Case
Topic(s):
• Interrogations, Miranda, or False Confessions
En Banc 9th Circuit upholds decision finding 17-year-old Jonathan Doody's confession involuntary
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Damien Echols amicus brief
CWCY
State: Arkansas
Type: Sample Brief Or Motion
Topic(s):
• 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.
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W. Va. Code ยง 49-5-2(l)
West Virginia Legislature
State: West Virginia
Type: Legislation
Topic(s):
• Interrogations, Miranda, or False Confessions
Who knew? West Virginia requires counsel for juveniles under the age of 14 during interrogation and for those under 16, any waiver must be made in the presence of an adult.
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Police-Induced Confessions - Risk Factors and Reform
Steven A. Drizin et al.
State:
Type: Journal Article
Topic(s):
• Interrogations, Miranda, or False Confessions
In this paper, the authors summarize much of what is currently known about police interrogations and induced confessions. The article concludes with several policy recommendations for reform, including a strong recommendation for the mandatory videotaping of police interrogations.
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