QUESTION
Would the NYPD support a policy prohibiting the interrogation of minors without a lawyer present?
1:14:31
·
4 min
A New York City Council member inquires if the NYPD would endorse a policy preventing the interrogation of minors without the presence of a lawyer, highlighting concerns about the fairness and transparency in treating minors during interrogation processes. The inquiry reflects on historical cases and emphasizes the vulnerability of minors, advocating for stronger protections and oversight, including the representation by legal counsel during interrogations to safeguard their rights and prevent wrongful admissions or confessions.
Yusef Salaam
1:14:31
Because one of the challenges I think that that has been identified by council member Stevens is the fact that other places like Hawaii California, Maryland, Washington state.
1:14:43
They all prohibit, specifically, the interrogation of minors without assisting them with a lawyer or someone someone somebody that's going to advocate for them.
1:14:55
And I'm wondering would the NYPD support a similar policy in New York?
Josh Levin
1:15:01
So ultimately, our position on that is this.
1:15:06
We are responsible to many parties in the city.
1:15:09
Not only are we responsible to the civil rights, as enshrined by the constitution and all the case law of the suspect, but also to the victim and or the victim's family.
1:15:20
So what does that mean?
1:15:21
Right?
1:15:21
What that means is we're trying to be this the center of the seesaw that's respecting both sides.
1:15:28
And so we feel that's a decision to be best left to the family, for them to make, for the parent to come down, and if they wanna invoke, and waive so be it done in the conversation.
1:15:41
But that's why we support because ultimately at the end of the day, we do see juveniles do commit some serious crimes.
1:15:47
And so there's that tension and we're trying to find the right balance between those 2 things.
Yusef Salaam
1:15:51
So I'm I'm concerned specifically because when I think about, again, the center park jaguar case, there were parents that were there in some instances.
1:16:02
Who knew nothing about the law at all.
1:16:05
You know?
1:16:06
In one instance, one man one one of the members family had to go home because she was there so long.
1:16:15
She needed to get her medicine.
1:16:16
And so she left her daughter to advocate for her.
1:16:21
And for her for her brother.
1:16:25
And, you know, when when she took over, The worst part about that particular situation in terms of protections is that She was basically told, you know, just go along with the process.
1:16:38
Buy the brother.
1:16:40
Right.
1:16:41
Specifically, Kevin Kevin Richardson.
1:16:43
Cover Richardson said, look, they told me I can go home.
1:16:45
If I just say this, I'm just trying to go home.
1:16:48
And she said, what are you talking?
1:16:49
You you you did this.
1:16:50
He said, I didn't do this, but just sign the document so that I can get out of here.
1:16:56
You know?
1:16:57
And the worst part about it is that when it comes to the protections of the most vulnerable individuals, our our young people.
1:17:03
You know, a lot of times, we know that there has been testimony I think this may be changing, but there's been testimony that NYPD is actually allowed to lie to individuals, to get them to pull the the confession out of them and things of that nature.
1:17:20
But I think the the advances that places like Hawaii, California, Maryland Washington State have done really should be applied.
1:17:30
It should be applied to New York because I don't want a situation where a parent is coming in and saying, we're waiving our rights or a child is saying, we're waiving our rights.
1:17:40
Right?
1:17:41
I think And this is a bit of satire.
1:17:44
Right?
1:17:45
The fact that it's it's it's kind of an order.
1:17:47
You have the right to remain silent.
1:17:50
And if you don't remain silent, anything you say, canon will be used against you in a court of law.
1:17:55
I think that is that's very telling.
1:17:56
Right?
1:17:57
You have the right to this.
1:17:58
You have all of those things, if I wave my rights as a child or as an adult who doesn't truly understand the implications of why I should never waive my rights.
1:18:11
All of the things should be protected with an attorney or an advocate who truly understands what's going on so that we make sure that a person is not convicted or you know, as as a council member holding demonstrated very, very clearly and and and profoundly.
1:18:30
And unfortunately, for personal experience, you know, how faulty witness identification is.
1:18:37
You know?
1:18:39
So I just wanted to kinda put that there and and and as a statement.