Politics & Government

Illinois 1st State To Ban Lying To Minors During Interrogation

Under the new law, which includes many other criminal justice reform initiatives, police can not knowingly provide false facts to children

SPRINGFIELD, IL — Illinois became the first state in the nation to ban police from using deceptive tactics on minors during interrogations under a bill Gov. J.B. Pritzker signed into law Thursday.

Under the new law, which takes effect Jan. 1, police would be barred from knowingly stating false facts about evidence or making unsubstantiated promises for sentencing leniency when questioning someone under the age of 18.

If unauthorized statements are made, any confession given would be thrown out and inadmissible in court.

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"My deep hope is that Illinois is setting an example for the entire nation to pass this law in all 50 states," Pritzker said.

According to the Innocence Project, false confessions have played a role in about 30 percent of all wrongful convictions eventually overturned by DNA evidence. Other recent studies from NYU Law Review suggest people under 18 are two to three times more likely to falsely confess than adults.

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In Illinois in the last three decades, there have been 100 wrongful convictions relying on false confessions, including 31 involving people under 18, according to the Innocence Project.

"Today is about putting words into action as we continue to work to correct the wrongs of the past – wrongs inflicted by law enforcement, including prosecutors," said Cook County State's Attorney Kim Foxx in a statement.

Pritzker signed other criminal justice measures, such as House Bill 3587, which prevents statements made during restorative justice hearings from being used in court. The package also included laws that allow prosecutors to petition for lighter sentences that "advance the interest of justice" and create a task force to study ways to reduce Illinois' prison population.

Despite overwhelming support, some family justice lawyers and academics said the law did not include specific punishments for officers who did partake in deception and that young people need protection from police questioning on the streets as well as the interrogation room.

"Together, these initiatives move us closer to a holistic criminal justice system, one that builds confidence and trust in a system that has done harm to too many people for far too long," Pritzker said.

Earlier this year, the governor put Illinois at the forefront of criminal justice reform by signing a law that will abolish cash bail and require statewide police body cameras by 2025.

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