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AMERICAN PSYCHOLOGY LAW SOCIETY NEWS American Psychology-Law Society, Division 41, American Psychological Association Winter 2003 Vol. 23, No. 1 Legal Update: Juvenile Confession Evidence and the “Central Park Jogger” Reversals Guest Editor: Matthew B. Johnson, Ph.D., John Jay College of Criminal Justice, CUNY On December 19, 2002, a New York Supreme Court Judge officially vacated the convictions of five young men in the 1989 “Central Park Jogger” rape and assault. The “Central Park Jogger” case had been covered extensively in the New York and national press. The victim was a white investment banker allegedly gang raped and brutalized by black and Latino teens, during an era of increasing juvenile lawlessness. The convictions of the youths, aged 14-16 at the time of the offense, relied on video-taped “confessions,” which they subsequently challenged on appeal. [1] The appeals raised numerous questions about the confession evidence as well as other issues, though none were successful. More recently, newly-discovered evidence prompted motions for post-conviction relief, focusing on the question whether the new evidence would have resulted in a more favorable verdict for the defendants. Matias Reyes, a convicted murderer- rapist, came forward and reported he alone attacked and sexually assaulted the victim. Reyes provided DNA samples that matched evidence found at the crime scene. The decision to throw out the convictions was virtually assured when the Manhattan District Attorney released its December 5, 2002, report [2] noting the “serious weaknesses” of the teens’ confes- sions when compared with the DNA and other evidence linking Matias to the offense. In addition to the DNA match linking Reyes to the crime, the DA’s report outlined how the vicious assault had multiple signature elements common to other sexual assaults known to have been perpetrated by Reyes in the same vicinity during the same time period. The legal turn of events in the Central Park Jogger case occurred in a climate of increasing concern about juvenile “false confessions.” A 1998 California case involving a 14 year old who “confessed” to the murder of his sister received widespread attention. Eventually, the “confession” was ruled inadmissible and DNA evidence led to the indictment of another suspect [3]. Interestingly, Court TV timed the debut of their original dramatization of that case, “The Interrogation of Michael Crowe,” to coincide with the release of the above DA’s report [4]. Similarly, the 1998 murder of Ryan Inside...Inside...Inside... Harris in Chicago received substantial of press attention [5]. The interro- Legal Update ..................................................... 1 gation of the 7 and 8 year old boys resulted in their “confession” to the Edinburgh 2003 - Part I ...................................... 4 murder and sexual assault of a 12 year old girl. Charges against the youths Book Review ..................................................... 6 were later dropped when DNA evidence was linked to a suspect awaiting Research Briefs ............................................... 10 trial for other sexual assaults. Division News and Information ...................... 14 Edinburgh 2003 - Part II................................... 15 The U.S. Supreme Court has recognized the increased vulnerability of Call for Papers/Submissions ........................... 16 Nominations, Awards and Announcements ... 17 juveniles to interrogative pressure, in both In re Gault [6] and Fare v. Fellowships and Positions .............................. 18 Michael C. [7] Fare v. Michael C. is the only U.S. Supreme Court case Student Column .............................................. 20 dealing with a juvenile’s right to counsel since Gault. In that case, the Funding Opportunities ................................... 21 Court outlined the “totality of circumstances” approach: Conference/Workshop Planner ....................... 22 Membership Application ................................ 24 continued on p. 2 Legal Update cont. from p. 1 Lawrence Wrightsman, and others [10], AP-LS News We discern no persuasive rea- have played critical roles in the devel- Editorial Staff sons why any other ap- opment of that psychological literature. proach is required where the Through their work, and the work of Editor-In-Chief Barry Rosenfeld, Ph.D. question is whether a juve- other psychologists, the psychology-law [email protected] nile has waived his rights, community has become aware of the as opposed to whether an multiple mechanisms that can contrib- Production/Advertising Editor adult has done so. The to- ute to false and coerced confessions, Michele Galietta, Ph.D. tality approach permits—in- and the particular vulnerabilities of ju- [email protected] deed, it mandates - inquiry veniles in that context. Variables iden- Associate Editor, Expert Opinion into all the circumstances tified in research are cognitive, intellec- Mary Connell, Ed.D. surrounding the interroga- tual and reading deficits, suggestibility, [email protected] tion. Fare v. Michael C., 442 compliance to authority, interrogative Associate Editor, Research Briefs U.S. at 725. pressure, memory impairments, imma- John Edens, Ph.D. turity, and others. [email protected] The totality of the circumstances ap- proach directs inquiry into the circum- Stemming from the increasing legal cri- Associate Editors, Legal Update tique, media attention, and the growing Maureen O’Connor, J.D., Ph.D. stances of the interrogation and char- [email protected] acteristics of the juvenile, in determin- empirical literature, a variety of differ- Dan Krauss, J.D., Ph.D. ing admissibility of incriminating state- ent remedies have been advocated to [email protected] ments. The court is instructed to con- address the problem of juvenile waiver sider all the circumstances (such as and confession [11]. Per se exclusion of “confession” evidence in certain situ- The American Psychology-Law So- the juvenile’s age, absence of parents, ciety News is a publication devoted use of deceptive interrogation tactics, ations has been recommended to pro- to dissemination of information, etc.) though no one feature would ren- vide clear guidelines with regard to per- news, and commentary about psy- der a confession inadmissible per se. missible interrogation practices as well chology, mental health, and the law. as rules for admissibility of “confession” The newsletter is published three evidence. Other reforms focus on re- times per year; February 1, June 1, Many reviews critical of the “totality and October 1. Original contribu- of circumstances” approach have quiring the presence of parents/guard- tions are welcome, and will be pub- emerged. One critical perspective is ians or “interested adults” during ques- lished subject to editorial approval that it tacitly approves inattention to tioning. Others target the constitutional and space availability. A limited due process protections of juveniles right to counsel as the cornerstone of amount of space is also available any reform. Illinois, for example, made for advertising and unsolicited where police believe it will be success- manuscripts. fully argued later, in a “totality of the a somewhat unsuccessful attempt to circumstances” equation, that particu- require that lawyers be automatically For information regarding editorial lar due process considerations are out- assigned to every juvenile defendant policies contact the Editor, Barry weighed by other features of the case [12]. Berkheiser advocates making right Rosenfeld, Ph.D., Dept. of Psychol- to counsel nonwaivable by juveniles in ogy, Fordham Univ., Dealy Hall, [8]. Another concern is that judges Bronx, NY 10458 or rosenfeld@ themselves pay too little attention to delinquency proceedings, assuring that fordham. edu. Advertising inquiries the complexities of waiver by juveniles, they have counsel in every instance should be directed to Michele and make assumptions about juveniles’ [13]. Other commentators have argued Galietta, Production Editor, via e- understanding of their rights. In a re- for the electronic recording of all cus- mail: galietta13@ aol.com. view of 99 appellate cases involving todial questioning as a safeguard against Address changes for APA members juvenile waiver, Berkheiser depicted a coercive practices and to preserve the should be directed to APA Member- “culture of waiver prevail[ing] in ju- record for later proceedings [14]. ship Dept., 750 First St. NE, Wash- venile courts in many jurisdictions,” ington, DC 20002-4242; for non- and found this particularly disturbing Will these reforms be effective? As APA members, student members, given the psychological literature noted by Gary Wells in the Fall 2002 or members-at-large to Cathleen Oslzly, Dept. of Psychology, 209 showing the developmental impedi- issue of this newsletter, more recent Burnett Hall, Univ. of Nebraska-Lin- ments to voluntary waiver by children advances in forensic DNA applications coln, Lincoln NE 68588-0308 or (at 581) [9]. have exposed critical flaws in criminal [email protected]. investigation and adjudication. In re- AP-LS members, including Tom sponse to these cases, policy makers Grisso, Gisli Gudjonsson, Saul Kassin, and elements in the law enforcement Page 2 AP-LS NEWS, Winter 2003 community are more receptive to so- to vacate judgment of conviction, indict- sponse legislation and other juvenile cial science research that can contrib- ment no. 4762/89,” available at “false confession” cases in Illinois.

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