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Educing Information: Interrogation - National Intelligence University

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has not been found in all studies, there is some evidence that younger suspects<br />

are more likely to confess than older suspects. 315 A 1970 U.S. study found that<br />

42.9% of suspects under the age of 25 in Colorado made confessions under police<br />

interrogation compared with 18.2% of older suspects. 316 A 1980 British study<br />

found that 53% of suspects over 21 years of age made confessions, compared<br />

to 68% of those below the age of 21. 317 Studies in 1989 318 and 1998 319 found a<br />

difference of 10.8% and 8%, respectively, between confession rates of juveniles<br />

and adults. Gudjonsson draws two interpretations from these findings: 1) the<br />

younger the suspect, the easier it is to obtain a confession from him or her, and 2)<br />

there appears to be no clear cut-off point with regard to age, i.e., suspects do not<br />

seem to reach a ceiling of resistance after a certain age. 320<br />

The literature reveals several factors that could be responsible for this<br />

phenomenon. First, it might be that, due to greater life experience, older suspects<br />

are better equipped psychologically to cope with the demand characteristics of<br />

the interrogative situation. 321 Another possible explanation is that older suspects<br />

are more likely to understand and assert their legal rights during interrogation. 322<br />

Finally, Gudjonsson suggests that temperamental differences related to age may<br />

also be important. 323 For example, factors such as neuroticism and impulsiveness,<br />

which may make some suspects confess more readily than others, are negatively<br />

correlated with age. 324 Another potential factor is that adolescents find negative<br />

feedback and interrogative pressure from interrogators more difficult to resist<br />

than adults. 325<br />

However, the literature does not universally demonstrate this correlation<br />

between age and willingness to confess. In a study of 248 criminal defendants in<br />

Prairie City, California, Neubauer found no significant difference in confession<br />

rates between minors (16–20 years old) and adults (21 years and older). 326<br />

Similarly, Leo did not find age to be “significantly related to the likelihood of<br />

obtaining incriminating information from the suspect.” 327<br />

315<br />

Id.<br />

316<br />

L.S. Leiken, “Police <strong>Interrogation</strong> in Colorado: The Implementation of Miranda,” 47 Denver<br />

Law Journal 1 (1970), 19-20.<br />

317<br />

P. Softley, Police <strong>Interrogation</strong>. An Observational Study in Four Police Stations, Home Office<br />

Research Study no. 61(London: HMSO, 1980).<br />

318<br />

R. Leng et al., Discretion to Charge and Prosecute, Report to the Economic and Social Research<br />

Council (UK: 1989).<br />

319<br />

C. Phillips and D. Brown, Entry into the Criminal Justice System: A Survey of Police Arrests<br />

and their Outcomes, Home Office Research Study no. 185 (London: HMSO, 1998).<br />

320<br />

Gudjonsson, see note 110, p. 142.<br />

321<br />

Leiken, see note 319, p. 19-21.<br />

322<br />

J. Baldwin and M. McConville, Confessions in Crown Court Trials, Royal Commission on<br />

Criminal Procedure Research Study No. 5 (London: Her Majesty’s Stationery Office (HMSO), 1980),<br />

p. 195.<br />

323<br />

Gudjonsson, see note 110, p. 142<br />

324<br />

Id.<br />

325<br />

Id.<br />

326<br />

W. Neubauer, “Confessions in Prairie City: Some Causes and Effects,” Journal of Criminal<br />

Law and Criminology 65 (1974), 104..<br />

327<br />

Leo, see note 110, p. 291.<br />

168

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