My name is Martin Tankleff. However, for nearly 18 years, I was identified as 90T3844. On September 7, 1988, my circumstances changed dramatically when, at age 17, I discovered my mother had been murdered and my father was critically injured. I was in shock, and rather than being recognized as a victim, I was treated as a suspect. At 17, I had no idea what my rights were, had no one there supporting me, and, after countless hours of interrogation, was coerced into saying I had done something I never did.

It was an interrogation that law enforcement chose not to record, even though there was a policy and procedure for them to record homicide interrogations. I consequently spent 6,338 days incarcerated before I was finally exonerated.

While the events I experienced had a significant impact on me, I have not allowed them to define my identity. My focus is on working to exonerate innocent individuals, press for systemic change, and educate future generations to pursue this important work. Currently, I serve as an attorney and law professor, and I am preparing to be admitted to practice before the United States Supreme Court.

The current system does not adequately address the needs of individuals who have been incarcerated despite their innocence, nor does it adequately protect the rights of youth. Although commonly referred to as “wrongful convictions,” convictions of the innocent often result from deliberate misconduct or violations of constitutional rights.

The current system does not adequately address the needs of individuals who have been incarcerated despite their innocence, nor does it adequately protect the rights of youth.

In New York, the ‘#Right2RemainSilent: Children’s Early Access to Counsel’ legislation aims to ensure that all young people under the age of 18 are given the support they need to understand their right not to speak with law enforcement. This right is grounded in the principle that no individual should be compelled to make statements that may be self-incriminating. By codifying this right, New York would ensure that young people, who – like me at age 17– are not able to understand the long-term consequences of their actions adequately, are not coerced into false confessions.

The legislation would require that, before a minor can be asked to waive their right to remain silent and subjected to custodial interrogation by police, they are given a consultation with a lawyer. Had this law been in effect when I was arrested, I never would have been wrongly convicted and forced to spend so many years of my life needlessly behind bars. And the real perpetrator would likely have been found.

Martin H. Tankleff, Esq. serves as Special Counsel, Barket Epstein Kearon Aldea & LoTurco, LLP, Peter P. Mullin Distinguished Visiting Professor Georgetown University, and Adjunct Professor of Law Georgetown Law Center.

Take Action: Tell your elected officials to support #Right2RemainSilent