CI Peer Responses 7/6/2023
Peer Response (Toni): Not always, but unfortunately, false confessions occur more frequently than one may think. Investigators are responsible for preventing that by following laws and procedures while conducting interviews.
Why would someone confess to a crime they did not commit? Often, when that happens, it is because of how the confession was obtained. Research shows that false confessions can occur “due to law enforcement’s use of intimidation, force, coercive tactics, isolation during interrogations, deceptive methods that include lying about evidence, and more” (False Confessions). When any of these methods acquire a confession, it could be detrimental to a case. Not only would it look unfavorable to a jury, but it could be dismissed altogether before even making it to trial. By attaining a confession by legal and proper means, it can increase the likelihood of the suspect being held responsible for his actions.
Miranda rights must be read once steps are taken to place a suspect under arrest. This notifies the suspect that he does not have to speak to law enforcement without a lawyer present, thus ensuring he does not unintentionally say anything that may incriminate himself. Once Mirandized, he does not have to give any further information unless he waives those rights in writing.
Chambliss, W. J. (2011). Courts, Law, and Justice. Thousand Oaks: SAGE Publications, Inc. http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,shib&db=nlebk&AN=474217&site=eds-live&scope=site&custid=gamc
(n.d.). False Confessions. InnocenceProject. https://innocenceproject.org/false-confessions/
Peer Response (Blake): An investigator has the responsibility of telling someone being interrogated that they are under no obligation to confess anything and that anything they say can be brought up in court. They should not under any circumstance make promises or deals to someone as well. They should be able to keep their cool during an investigation and give a person as many breaks as they need as not to stress out the person that they are speaking with. The Miranda rights would be useful as they are required to tell that person that they have the right to remain silent and anything they say or do can and will be used in the court of law; this way an individual is aware that if they say something it could come back up later during a trial.
Buckley, Joesph P..(2021). Reid. False Confessions: The Issues to be Considered. https://reid.com/resources/investigator-tips/false-confessions-the-issues-to-be-considered#:~:text=At%20the%20outset%20of%20any,of%20verifying%20any%20subsequent%20confession.