Call a Lawyer About Interrogation Strategies
Tip 4: A parent needs to be aware of the interrogation strategies that the police may use against the parent and the child. Parents and children need to develop their own strategies. A parent needs to obtain legal advice to prepare for the interrogation and the child needs legal advice to resist such interrogation. The parent needs to be aware that he or she will be tempted to assist the police with the interrogation.
Young persons often feel omnipotent. A young person, however, is no match for an experienced police officer when it comes to interrogation.
Police officers have training in specific techniques that dissuade the accused young person from remaining silent and encourage the parent and the young person to waive legal rights:
1. The child will be presented with a "Waiver of Rights" form to be signed that the child is not likely to understand.
2. No matter how many times the young person states that he or she intends to remain silent, the police will continue to ask questions.
3. If the child states that he or she has been told by a lawyer to remain silent, the police officer may tell the accused that's what all lawyers say and they are not in your situation.
4. Police may say that the lawyer's advice will not make a difference.
5. Police may interrupt a child who asserts that he or she has a right to silence so as to get his or her mind off of that issue.
6. The police may continue to ask questions as long as it takes to get answers.
7. The police may suggest scenarios to the young person that reflect the police theory and then deliberately interrupt the youth when he or she disagrees with the scenario.
8. Police may talk over the child if the child disagrees with what police suggest.
9. Police may talk for a long time in a boring way to control the interview and distract the mind of the youth.
10.The interview may be very very long and exhausting.
11. Police may identify inconsistencies in the young person's memory and urge them to question their own memory.
12. There may be a confrontation of the child following a long monologue by the police.
13. The police may allege strong evidence that challenges the version given by the child.
14. Police may play on the emotions of the child by discussing family and showing photographs of the victim so that the child lets their guard down.
15.Police may cause stress by lengthy interviews over various periods.
16. Police may try to build a friendly connection by lengthy discussion of family so the youth becomes more trusting.
17. Later in the interview, police may minimize the involvement by the youth or minimize the seriousness of the offence by suggestions that "this is not all that serious".
18. Police may offer explanations for the actions of the youth indicating that they "aren't all that bad".
19. Police may put blame on the complainant or victim.
20. Police will look for an admission of low culpability and then seek to expand it.
21. Police may suggest a letter of apology.
It is very difficult to resist these techniques. Any comment by the young person can in some way be used against them. A parent needs legal advice before the interrogation commences. A young person needs legal advice before the interrogation commences. A young person should not "Waive" any legal rights.
Simple strategies for the young person:
1. Avoid eye contact with the police officer.
2. Don't say anything at all except to politely identify yourself and ask to speak to a parent AND a lawyer.
3. Blame the lawyer for the refusal to answer: "The lawyer told me to say nothing."
4. Count the number of times you tell the police you wish to remain silent: "This is the 73rd time I have told you I wish to remain silent."
5. Insist on video recording of any interaction.
6. If you are getting confused, say on video: "You are confusing me, I don't wish to say anything. I feel very confused. I can't think."
7. Be very very suspicious of time-limited offers, documents, forensic science, and any other evidence that supposedly proves the responsibility of the young person.
8. Be very suspicious of alleged confessions by co-accused young persons - no such confession may have occured.
9. If the police already had a good case, they would not need a statement !!!!
10. If you are suffering the least bit of confusion ask again and again for a private consultation with a parent AND a lawyer. You may not get it but it is worth a try.
The lawyer you call may have additional strategies that cannot be mentioned here.
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Consult a Lawyer - Stephen Biss - 905-273-3322