the charles smith blog

Sunday, December 1, 2019

Alfred Chestnut, Andrew Stewart and Ransom Watkins; Baltimore: Aftermath: Part One: An important lesson from this glaring miscarriage of justice - delivered by a state's attorney and former prosecutor..."The witnesses in this case were interrogated repeatedly by officers without any adults present until the pressure of this coercive environment led them to falsely identify the three young men as the perpetrators. The resulting convictions were based largely on this false testimony. And while the three exonerees always maintained their innocence, we know that many kids who have ended up wrongfully convicted were driven to falsely “confess” under the same coercive interrogation techniques that led to the incriminating evidence in this case. We all want to get to the truth in criminal cases, but interrogation — especially of young people — is a tool that should be wielded carefully. And concerns with interrogation of witnesses under 18 are even more critical in the context of young suspects. In those cases, the starting point must include an unequivocal requirement that parents and counsel for the child be present for any law enforcement interrogation.' The Baltimore exonerees’ cases shed light on the need for reforming youth interrogationschestnut: aftermath (1):


PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination  (as well as false identification and jailhouse informants) – and because of the growing body of  scientific research showing how vulnerable suspects (especially juveniles)  are to widely used interrogation methods  such as  the controversial ‘Reid Technique.’" 

Harold Levy: Publisher: The Charles Smith Blog;

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PASSAGE OF THE DAY; "This shift in policy is consistent with research confirming that we need to treat kids in the justice system differently. Teenagers’ brains are still developing, particularly the region responsible for logical decision-making. They are not able to fully understand the implications of waiving their Miranda rights — which include the “right to remain silent.” Indeed, up to 90 percent of young people waive their Miranda rights, and most kids under 18 do not understand why these rights matter. Children are also uniquely susceptible to psychological pressure. Coercive interrogation strategies can manipulate young people who may not be able to appreciate long-term consequences of false statements, and who are more likely to be afraid of authority figures. A staggering 86 percent of individuals exonerated for crimes that occurred before they turned 14 had falsely confessed. And one study of more than 100 wrongful convictions of youth showed that more than 34 percent were because of an unreliable statement by another young person. With clear evidence that children are unable to protect themselves against these pressures, it’s up to our legal system to establish safeguards to prevent coercive tactics from being used to ensure that young children are not interrogated to begin with. Some states have embraced this starting point."

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COMMENTARY: "The Baltimore exonerees’ cases shed light on the need for reforming youth interrogations ," by  Marilyn Mosby and Miriam Aroni Krinsky, published by The Washington Post on November 27, 2019. "Marilyn Mosby is the state’s attorney for Baltimore City. Miriam Aroni Krinsky is a former federal prosecutor and the executive director of Fair and Just Prosecution, a national network of elected prosecutors working toward common-sense, compassionate criminal-justice reforms."


GIST: "Shortly after midnight on Thanksgiving Day 1983, teenagers Alfred Chestnut, Ransom Watkins and Andrew Stewart were pulled from their beds and arrested for the murder of 14-year-old DeWitt Duckett. These three black teenagers were subsequently convicted and condemned to spend the rest of their lives in prison based on the now-recanted testimony of four teenage witnesses who were questioned without the presence of parents or legal counsel, and pressured to identify the suspects by Baltimore police officers and prosecutors. This week, Chestnut, Watkins and Stewart were freed following an investigation by the Conviction Integrity Unit in the Baltimore City State’s Attorney’s Office (SAO) — just in time to spend their first Thanksgiving at home in 36 years. While this exoneration seeks to right an egregious wrong, it leaves unanswered the deeply troubling and pervasive practice of basing convictions on statements taken from young people. Prosecutors have a duty to administer justice with integrity. When a tragic injustice occurs, we must work to ensure those mistakes never happen again.That’s why we need a new starting point when it comes to how we think about youth interrogation practices. While facilitating pathways to transitional assistance and supporting compensation for those who have been wrongfully convicted are important — and are reforms the Baltimore state’s attorney’s office is advancing — prosecutors must implement changes that prevent unreliable or coerced evidence from putting innocent individuals behind bars in the first place. The witnesses in this case were interrogated repeatedly by officers without any adults present until the pressure of this coercive environment led them to falsely identify the three young men as the perpetrators. The resulting convictions were based largely on this false testimony. And while the three exonerees always maintained their innocence, we know that many kids who have ended up wrongfully convicted were driven to falsely “confess” under the same coercive interrogation techniques that led to the incriminating evidence in this case. We all want to get to the truth in criminal cases, but interrogation — especially of young people — is a tool that should be wielded carefully. And concerns with interrogation of witnesses under 18 are even more critical in the context of young suspects. In those cases, the starting point must include an unequivocal requirement that parents and counsel for the child be present for any law enforcement interrogation. This shift in policy is consistent with research confirming that we need to treat kids in the justice system differently. Teenagers’ brains are still developing, particularly the region responsible for logical decision-making. They are not able to fully understand the implications of waiving their Miranda rights — which include the “right to remain silent.” Indeed, up to 90 percent of young people waive their Miranda rights, and most kids under 18 do not understand why these rights matter. Children are also uniquely susceptible to psychological pressure. Coercive interrogation strategies can manipulate young people who may not be able to appreciate long-term consequences of false statements, and who are more likely to be afraid of authority figures. A staggering 86 percent of individuals exonerated for crimes that occurred before they turned 14 had falsely confessed. And one study of more than 100 wrongful convictions of youth showed that more than 34 percent were because of an unreliable statement by another young person. With clear evidence that children are unable to protect themselves against these pressures, it’s up to our legal system to establish safeguards to prevent coercive tactics from being used to ensure that young children are not interrogated to begin with. Some states have embraced this starting point. California and New Mexico have statutes placing strict limits on interrogations of youth. And the Supreme Court acknowledged in J. D. B. v. North Carolina that children are at greater risk of influence by coercive interrogation tactics that already induce a “frighteningly high” percentage of adults to provide false confessions. Next session, the Baltimore state’s attorney’s office will push the state legislature to enact similar reforms. This case underscores the need for elected prosecutors to implement changes in their offices’ practices and call for legislative reforms. To begin, we simply should not allow for interrogation of youths younger than 14. Kids this young cannot be deemed to have “voluntarily” waived their rights, and the risk of false confessions is simply too high. Statements from children under 14 should be inadmissible as unreliable, and we should not tolerate the risk of undue coercion or influence. Moreover, experts have cautioned that youths below age 18 should have legal counsel (to protect their legal rights) and a parent or supportive guardian present during interrogation. As the American Academy of Child & Adolescent Psychiatry concluded, “parental presence alone may not be sufficient to protect youth suspects.” The academy further recommended simplifying Miranda warnings for kids — a practice implemented by the King County (Seattle) Sheriff’s Office — and videotaping all such interrogations Alfred Chestnut, Ransom Watkins and Andrew Stewart will never get back the decades they lost to incarceration. But perhaps their cases will shed light on the need for reforming youth interrogations and thereby prevent future wrongful convictions. We owe that much, at least, to children who come into contact with our justice system."


The entire story can be read at:
https://www.washingtonpost.com/opinions/local-opinions/the-baltimore-exonerees-cases-shed-light-on-the-need-for-reforming-youth-interrogations/2019/11/27/e7e22570-1099-11ea-b0fc-62cc38411ebb_story.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog; 

PUBLISHER'S NOTE: I am monitoring this
Harold Levy at Sunday, December 01, 2019
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Harold Levy
Two Blogs Now: The Charles Smith Blog; The Selfless Warriors Blog: I created the Charles Smith Blog in 2007 after I retired from The Toronto Star to permit me to keep digging into the story of the flawed pathologist and the harm he had done to so many innocent parents and caregivers, and to Ontario’s criminal justice system. Since then it has taken new directions, including examinations of other flawed pathologists, flawed pathology, and flawed science and technology which has marred the quality of justice in courtrooms around the world. On International Wrongful Conviction Day in 2024, I was thrilled to have the Blog recognized by Innocence Canada, when I was presented with the, "Rubin Hurricane Carter Champion of Justice Award." The heart of the Blog is my approach to following cases which raise issues in all of these areas - especially those involving the death penalty. I have dedicated 'The Selfless Warrior Blog’ (soon to appear) to those exceptional individuals who have been ripped out of their ordinary lives by their inability to stand by in the face of a glaring miscarriage of justice. They are my ’Selfless Warriors.’ Enjoy!
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