Attorneys urge law to require counsel and recording during custodial interrogation of juveniles

Attorneys and juvenile‑justice advocates told the committee that young people need special protections during custodial interrogation and asked lawmakers to pass legislation requiring attorney presence and audio/video recording of juvenile interrogations.

Jeff Richards of the Committee for Public Counsel Services (CPCS) described the problem: "A large portion of youth do not understand the consequences of waiving their Miranda rights," and juveniles are more susceptible to coercion and false confession, he said, recounting a Worcester case in which a frightened teenager gave a coerced statement after extended questioning.

Leon Smith of Citizens for Juvenile Justice cited U.S. Supreme Court precedent and research showing that juveniles waive Miranda warnings at far higher rates and are two to three times more likely than adults to falsely confess. He argued that an attorney’s presence reduces false‑confession risk and levels the playing field for children who cannot afford private counsel.

Witnesses asked the committee to report S.108 favorably and noted that the Committee for Public Counsel Services should be able to provide counsel in these circumstances to protect equity.

Ending: Advocates emphasized the equity implications — wealthy families often have counsel present while many juveniles do not — and urged the committee to add procedural protections to reduce coerced or involuntary statements from young people.