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Teenagers are more likely to plead guilty to crimes they did not commit because they are less able to make mature decisions, new research shows.
Experts have called for major changes to the criminal justice system after finding innocent younger people are far more likely admit to offences, even when innocent, than adults.
Those who carried out the study say teenagers should not be allowed to make deals where they face a lesser charge in return for pleading guilty. The study suggests young people are more likely to be enticed by these deals, and take what they see as an advantageous offer even when they have done nothing wrong.
Most criminal convictions in the UK and the USA occur as the result of guilty pleas, rather than trial. This means the majority of convictions are the result of decisions made by people accused of crimes rather than jurors.
The research was carried out in the USA, where a system known as "plea bargaining" is utilised, but the academics say their discovery has implications for countries across the world that allow teenagers accused of crimes to receive a sentence or charge reduction by pleading guilty. Specifically, the researchers recommend restricting reductions that may entice innocent teenagers into pleading guilty and making it easier for teenagers to change pleas after they have been entered.
Other research has found adolescents are less able to perceive risk and resist the influence of peers because of developmental immaturity.
https://phys.org/news/2018-03-teenagers-guilty-crimes-didnt-commit.html
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(Score: 1, Interesting) by Anonymous Coward on Saturday March 17 2018, @04:49PM (4 children)
If you stick it out long enough, the deals will tend to get better because there is more and more pressure from the prosecutors office to get that case closed and off the books. Plus, they don't want to slow down the factory in order to actually take a case like that to trial (the real exception depends on where he "stole" from, as certain store make donations to various charities to make sure cases get prosecuted). But one thing I would do, if he hasn't already, is look up the Criminal Rules of Procedure. The rules for prosecutors and defendants are very different. Additionally, what the defendant has to turn over usually changes depending on what they ask for in discovery themselves. For example, in my state a defendant does not have to turn over any discovery if they don't ask for any. But, your friend may weigh the pros and cons and decide that his own discovery against the prosecutors office is worth it. But I'll admit that I look at crap like that all day and still have to check the rules applicable to my area because they are so technical. Oh and if a trial looks close, be sure to check the Rules of Evidence, as that controls what the prosecutor can actually present, which can be very different from what they threaten to present.
(Score: 0) by Anonymous Coward on Saturday March 17 2018, @05:02PM (3 children)
Absolutely. I will be helping my friend if he wants it and I've already become familiar with the Rules of Procedure for my state. I will be drafting a letter this weekend requesting copies of evidence referenced during discovery documents provided by the prosecutors office. I know where to find the Rules of Evidence and will study those as well. In this particular case there is no upside to taking a plea deal as there is no threat of jail time and the stakes are too high to warrant doing so. There will be a pre-trial conference with the prosecutor which I will attend and we're going to go for some other options besides trial or plea deal (nothing that results in a conviction or plea deal to a misdemeanor charge.) However, we will make it clear that if we can't come up with something we all agree on that we're going to trial. We'll be expecting, and willing to receive, the worst. But we will fight for the best. Now, if I thought for a second my friend was guilty I wouldn't waste my time :)
(Score: 2) by RS3 on Saturday March 17 2018, @05:54PM (2 children)
IANAL but I've had to study and prepare for court (pro se) a few times. I believe the plaintiff must file all discovery documents with the court, and prove they have sent copies to defendant. You have to be able / allowed to prove your innocence, and to do that you need all evidence well before court. Anything plaintiff files late, or tries to bring to court that wasn't copied to defendant can and should be inadmissible and the case possibly thrown out.
The US "legal" system is much more of a game of rules than it is a quest for truth and justice. Winning or losing on a "technicality" is horrible (says the man who has won more than once on technicalities...)
This is not advice, just imagining possible paths, but it's possible you do better to be silent and let the prosecution do their thing, keep very close watch, notes, and records, don't give them anything, do lots of research and prepare a good defense. If the court date comes, maybe they will have mis-stepped and you'll win on technicality. But don't expect the court/judge to point out the technicality- you have to point it out, then make "motion for dismissal" on grounds of conflicting / faulty "evidence", etc. I dunno...
If there are prosecution witnesses, and obviously there will be, by all means cross examine them as "hostile" https://en.wikipedia.org/wiki/Hostile_witness [wikipedia.org]
(Score: 2) by black6host on Saturday March 17 2018, @07:09PM (1 child)
Well, I agree with you as far as not showing all your cards. However, it must be known that you're willing to take it to the mat. I'll never appear to operate from fear. I appreciate your input very much and will incorporate it into our strategy, where applicable.
(Score: 2) by RS3 on Saturday March 17 2018, @08:43PM
Cool, thanks. My only concern is that you're on their turf, and they're very aggressive, gotta win at all costs. They'll lie and cheat because they're pretty sure they'll get away with it. They love intimidating. You can't hide that you're willing to fight, but don't inspire them, it won't help your cause.