Maryland Child Interrogation Act "is a barrier to solving cases"

Written By: Joseph P. Buckley
Sep 28, 2023


In the September 26 online publication AFRO news the Baltimore State's Attorney's Office stated that the Maryland Child Interrogation Act "is a barrier to solving cases".... see full statement below.

On Oct. 1, 2022, the Child Interrogation Act (CIA) took effect in Maryland.

According to the American Civil Liberties Union of Maryland (ACLU Maryland), the law “require[s] an attorney be consulted when a child is taken into custody.” The law “also ensures that parents/guardians will be notified if their child is taken into custody.” In addition, the law “establishes a rebuttable presumption that a statement made by a child during a custodial interrogation is inadmissible if a law enforcement officer willfully failed to comply” with the law’s requirements.

James E. Bentley II, director of Communications at the City of Baltimore State’s Attorney’s Office said “children are currently involved with crimes of violence at staggering levels in Maryland.”

“They make up an increasing number of the perpetrators of that violence, but are also frequently the victims of it as well,” he said.

Bentley said there is no reason to believe that “placing restrictions on law enforcement’s ability to interview those juveniles involved in violence will promote public safety or accountability.”

“Instead, the law acts as a barrier to solving the cases, which leads to further violence and retaliation throughout the community. The fact that any questioning must be recorded, acts as a safeguard to protect a juvenile’s rights during questioning,” Bentley told the AFRO. “If police were to violate Miranda, the Constitution or common law during the questioning, any statement would be inadmissible against the juvenile in court.”