The risks and consequences of innocence in school discipline: Implications for policy and research.

Abstract

Since the 1980s, schools across the United States have become increasingly punitive in their responses to student misconduct, leading to the "criminalization of school discipline" (e.g., zero-tolerance policies and police presence in schools). Research has documented the direct and indirect ways in which such punitive responses can increase a student's likelihood of later involvement with the legal system-a phenomenon referred to as the "school-to-prison pipeline" (STPP). Whereas school criminalization and the STPP have been well-documented and researched, scholars have yet to examine how schools' disciplinary practices may affect students innocent of any wrongdoing. The present review integrates research on school discipline and wrongful conviction to examine how school disciplinary practices can put innocent youth at risk of false confession and wrongful discipline or conviction, and the associated consequences. In doing so, it is argued that school criminalization has led to a climate wherein students' guilt is presumed; they are cast as criminals, are not guaranteed the legal safeguards aimed at protecting the innocent, and are frequently interrogated by school authorities with the same accusatorial techniques used by police with adult criminal suspects. Presumptions of guilt in schools' disciplinary practices and frequent school-police collaboration lead to a heightened risk of innocent youth, especially youth of color, falsely confessing and subsequently being wrongfully disciplined or convicted. Preliminary suggestions are provided for improving school investigation and reducing false confessions from innocent students, and for future research.