Gov. J.B. Pritzker has signed a new law to ban Illinois cops from lying to kids under interrogation. Signed on July 15, the law makes Illinois the first state in America to make the deceptive tactic illegal.
Police officers in Illinois may no longer fake evidence or provide false promises to children under 18 years old who are brought in for questioning, especially juvenile suspects, to make them confess. If the confession was drawn out through deceptive tactics, it would become "inadmissible as evidence." The bill, deliberated in April and May 2021, had bipartisan support at the House and the Senate.
"False confessions have played a role in far too many wrongful convictions, leading to painful and often life-altering consequences," Pritzker said during the signing ceremony, adding that young people are vulnerable to such practices by the cops.
The new law will be in effect beginning Jan. 1, 2022.
100 Wrongful Convictions
Laura Nirider of the Center on Wrongful Convictions said that they are aware of at least 100 cases of wrongful convictions in the state, and 31 of these convictions were false confessions by minors. Nirider noted that sometimes the police tell the minors that they've found their DNA at the crime scene or that they will still be able to go home if they admit accountability.
Terrill Swift was sent to prison for 15 years under similar premises when the police told him that they have his DNA during a 1994 investigation of a rape and murder. Years later, the crime was tied to a sex offender and convicted murderer.
Swift, who was part of the Englewood Four, said that wrongful imprisonment, even for just a day, is a day too long. During the bill's signing, he was present and was supportive of the measure when it was brought to him, saying that he doesn't want what he experienced to happen to someone else again.
Lauren Kaeseberg of the Illinois Innocence Project said that this had been a "critical step" to change the incidents of wrongful convictions, especially for a state dubbed as the "false confession capital of the country."
Criticisms of the Law
However, according to reports, punishment for officers who lie to kids is not required under the new law. The cops are also not bounded by the law if they use deceptive tactics on minors outside the police interrogation rooms.
Swift admitted that there is still so much work to do to stop wrongful convictions. While advocates hail the reform, some people wonder if a similar law will apply to situations involving adults or if other states will adopt the measure.
Oregon has a bill that will still require the governor's signature, while New York's lawmakers are proposing a similar measure which will also include data collection and a review of recorded interrogations to determine if these can be used as evidence in court.
