The boy was questioned by police for an hour, during which time he first denied firing the gun that killed the two men, then eventually said he shot each of them twice. He was interviewed without a parent or lawyer present and was not read his Miranda rights.Stinson told reporter John Dougherty, author of the article, "Experts Doubt That 8-Year-Old's Taped Confession in Double Killing is Admissible," that the legal issue is when the interview became a "custodial interrogation" from which the boy was not free to leave."The level of forcefulness used by the police includes the defendant's perception about whether he is free to go and able to leave," said Stinson, Director of the College's Legal Research & Writing Program. "An 8-year-old child is not free to go."She added that any statements made by the child after the point at which the interview became a custodial interrogation would most likely be inadmissible in court.
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