Know Your Rights: False Confessions & Miranda Explained

By: Sarah Aljahmi

What would you do if you were in jail—even if you hadn't done anything wrong? The majority of teens don't know their rights or how questioning by police is conducted. This info sheet explains the truth about false confessions, body language, and Miranda rights—so you can protect yourself and others from being pressured into saying something you don't want to say. 

A false confession is when an individual confesses to something they didn't do. It's insane, but it occurs more than one might imagine—especially among teenagers. Innocent people confess due to fear, confusion, sleep deprivation, or because they believe the process will end soon. They think that confessing will eliminate the issue without realizing that it may lead to arrest, showing up in court, and even imprisonment. There are three general categories of false confessions. First, there is voluntary false confession where an individual confesses to a crime without force. They may feel guilty about something else, want attention, or are trying to protect someone else. Second, there is coerced-compliant confession where a person knows that they are innocent but confesses because they want the interrogation to be over. They can be told that they will be able to go home if they simply confess. Finally, coerced-internalized confessions are the worst—the individual actually starts believing he did something incorrect, even if he didn't. 

Anyone is susceptible to a false confession, but some more than others—especially teens. Teens are not necessarily aware of rights or self-assured enough to stand up for themselves when under pressure. Long-term interrogation, intimidation by the police, or being alone with an attorney or parent can break down an individual emotionally. The most susceptible are those who have mental illness or developmental disabilities. Certain officers may threaten, deceive, or make promises to create a confession to look like the optimal (or only) option. 

False confessions have landed countless innocent people behind bars for decades. One of such widely known cases is that of The Central Park Five—five young boys bullied into confessing to a brutal crime they had never committed. The documentary Making a Murderer explores the coerced confession of Brendan Dassey, an intellectually disabled 16-year-old who appeared visibly stunned during his interrogation. The confession, which took place years earlier, became a central focus of the series.  He was scared, confused, and all he wanted to do was return home. Even American exchange student Amanda Knox was bullied into a confession after hours of pressure and intimidation before it was ruled out as not reliable. What these anecdotes show is that this can happen to regular folks—i.e., us. 

Some officers use techniques that can lead to false confessions, especially when they are questioning adolescents. Officers might lie to children about possessing evidence (like fingerprints or video) when they don't. They might promise the person that they'll get along better if the individual would just come clean. Otherwise, they're isolated from their families or kept in an interview room for hours with no rest, food, or sleep. These high-stress tactics can drain people, making them feel like confessing is the only way out—albeit not always the case. Police have sometimes tried to "read" the body postures of subjects in interrogations. The problem is, they get it all wrong. Nervousness, worry, and fright all look an awful lot like guilt to someone who's looking for telltale signs. Teenagers especially may not have a clue about what "innocent behavior" looks like, and that confusion or anxiety is assumed to be dishonesty. This will lead to more pressure and eventually—even a false confession. There are some body language cues that are misread. If they don't glance at others, police think that they are lying. If they shake, fidget, or squelch out perspiration, it's "suspicious." If they don't wobble and don't cry, they'll be accused of "not caring." All these reactions are normal when someone is afraid. People under pressure respond differently, and it's risky and unfair to judge one individual on body language alone. When body language is misread by police, they put on more pressure during the interrogation.They lose patience, turn hostile in their attitude, or simply tune out from whatever the person is saying if they believe the person is lying. All this extra stress just makes it even harder for an individual—a teenager at that—to keep his head on straight and remain cool. Soon enough, they might feel that escape is only possible through apologizing, even when they are innocent. 

Teens are especially prone to such scenarios. They might want to cooperate, inform the adult about what they want to say, or simply have it done with. They do not even realize they have rights and do not realize they have a right to remain silent or that they can ask for counsel. Consequently, teenagers are most likely to break under questioning and confess it—especially when they are innocent. This is also the main reason why it is absolutely vital to be familiar with your rights and how police function. Miranda Rights were established from the Supreme Court case of Miranda v. Arizona (1966). One Ernesto Miranda was interrogated for hours and hours by police and police did not tell him he had a right to remain silent or he could have an attorney. In extreme situations, this is sufficient to dismiss the whole case or cause it to be dismissed.This is why Miranda rights are so vital—they ensure the system of justice is kept in check.Though Miranda rights exist to guard individuals, they do not always function as they should—particularly with teenagers Most teens do not really know what "remain silent" means. Others believe if they're innocent, they must speak up to establish it. Others do not know they do not have to stay silent or request a lawyer. When it is a serious issue, particularly if they are being questioned, teens will have the tendency to comply, even if it means putting their rights on hold. And once those rights are waived—merely by speaking—it is difficult to retract it. Miranda rights are there to protect people from coerced confessions, but they are not always effective—especially among youth. If a person is unaware of all of their rights or is more afraid of confrontation than forceful in asserting them, they'll be more likely to acquiesce to police tactics. 

Add in misinterpreted body language, coercive tactics, and lengthy questioning, and a false confession becomes all too likely. Teenagers can only admit to returning home, or tell the officer what he/she wishes to hear—without acknowledging that they are relinquishing their liberty. That is the reason you ought to know and establish your rights. Asking yourself what you should do—and not do—when being held in custody may prevent you from leaving or getting arrested for something you did not do. Understanding your rights will protect you from harm in the future.True confessions happen more times than you know—especially to young people. In case you ever end up face-to-face with the police, remember the following: you have the right to remain quiet, to a lawyer, and to stand up for yourself.  But if you do speak, do not do so until you have decided that you can do so safely.

Resources:

1. National Juvenile Defender Center (NJDC) https://njdc.info

2. ACLU (American Civil Liberties Union) https://www.aclu.org

3. National Lawyers Guild - Legal Observer Program https://www.nlg.org/know-your-rights/