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Chapter2PPT.pptxInterrogations and Confessions
Chapter 2
Interrogations and Confessions
In this chapter
The Power of a Confession
The Evolution of Interrogation Techniques
Inside the Modern Interrogation Room
The Problem of False Confessions
Should Interrogators Be Allowed to Lie?
Potential Solutions to the Problem of False Confessions
Power of Confession
Goal of questioning is to elicit confession.
39%-48% of suspects make full confession.
13%-16% of suspects make damaging statements or partial admissions.
68% of police-interrogated suspects make self-incriminating statements.
Power of Confession
Why do police prefer confessions?
Confessions save time.
Trials are avoided; convictions are almost guaranteed.
Research show mock jurors do not discount confession, even if false.
This may be explained by fundamental attribution bias.
Power of Confession
The existence of a confession predisposes juries toward reaching a guilty verdict.
Mock jurors were asked whether they judged the confession to be voluntary, whether it influenced their verdict and whether they voted for conviction (Kassin & Sukel, 1997).
What do the data tell us?
Figure 2.1
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Evolution of Interrogation Techniques
Prior to 1930
Use of direct physical violence
1931
Report on Lawlessness and Law Enforcement led to covert abuse that did not leave marks, including such things as deprivation, isolation, and intimidation
Since 1961
Series of legal decisions pushed police from covert physical to more psychological coercion forms
Culombe v. Connecticut, 1961; Davis v. North Carolina, 1966; Reck v. Pate, 1961; Townsend v. Swain, 1963
Evolution of Interrogation Techniques
1966: Miranda Rights (Miranda v. Arizona)
To remain silent
To have attorney present during questioning
To have appointed attorney when financial need exists
To acknowledge understanding of rights
Evolution of Interrogation Techniques
Are rights waived? Why?
80% of suspects waive rights and are subject to interrogation.
Police delivery of Miranda rights may be perfunctory, rushed, or ritualistic in manner.
Suspect may be upset, lack clear thinking, or unable to understand that rights are being waived.
1961: Totality of circumstances (Culombe v. Connecticut)
Judges must look at all circumstances surrounding interrogation
Modern Interrogation
Modern interrogation is primarily psychological (e.g., good cop/bad cop).
Police receive training and are familiar with interrogation manuals and techniques.
Most widely used reference by Inbau and colleagues offers detailed advice on every aspect of interrogation processes.
Central to the process is the Reid technique.
Let’s take a closer look.
Inbau and colleagues (2013) offer detailed advice on every aspect of the interrogation process including how to set up the interrogation room, what questions to ask, appropriate nonverbal behavior for the interrogator, how to respond to questions or denials by a suspect, and how to handle passive or defiant suspects. Even peripheral details such as the type of chairs in the interrogation room receive serious attention
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Modern Interrogation
Reid technique
Involves 9 step technique that represents the general flow of many interrogations.
Includes 4 psychologically powerful strategies
Loss of control
Social isolation
Certainty of guilt
Exculpatory scenarios
Inbau and colleagues (2013) offer detailed advice on every aspect of the interrogation process
including how to set up the interrogation room, what questions to ask, appropriate
nonverbal behavior for the interrogator, how to respond to questions or denials by a
suspect, and how to handle passive or defiant suspects. Even peripheral details such
as the type of chairs in the interrogation room receive serious attention
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SCIENTIFIC AMERICAN SPOTLIGHT
Group Interrogation May Help To Reveal Liars
U.S. police manuals promote myth that suspects are reluctant to talk.
Truth-tellers interrupt and correct more often.
Deceivers are more tacitum.
Truth-tellers’ interactions with one another comes more naturally than it does for liars (Vrij)
CORE PRINCIPLES OF SOCIAL INFLUENCE
Cialdini proposed six principles that underlie influence of others.
Are any of these principles used by police to elicit incriminating admissions from suspects?
If so, how?
False Confessions
Most vulnerable are youth
-psychological immaturity
-brain immaturity
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Are prompted by lying, intimidation, deception, fatigue, abuse
Contribute to 25% of known wrongful convictions
Occur most often in murder cases (80% of proven false confessions)
Involve vulnerable, suggestible, compliant suspects; especially vulnerable youth
May be related to mindset of innocent suspects
Are caused most by police interrogations
Types of False Confessions
Four types of false confessions across two dimensions
Instrumental or authentic
Voluntary or coerced
Types of False Confessions
Cases can involve all four types of confessions.
Instrumental-coerced false confessions: Suspects confess to crimes not committed; most common false confession in criminal cases
Instrumental-voluntary false confessions: Suspects provide false confession as means to end
Types of False Confessions
Authentic-coerced false confessions: Suspect becomes convinced of own guilt after long, intense interrogation; vivid false memories may be created
Authentic-voluntary false confessions: Suspect suffer from delusion and confess with little or no pressure from interrogation
Four Types of False Confessions
Table 2.1
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HOT TOPIC
The Use of Torture in Interrogations
Practices such as waterboarding violate international and national treaties and laws.
Ethical and moral codes of conduct are also be violated.
Little research on effectiveness of torture, but irrefutable evidence that less coercive interrogation can produce verifiability false confessions.
Actions based on false information from torture may have dire consequences, especially in military actions.
International and national treaties and laws (e.g., Universal Declaration of
Human Rights, 1948; the Geneva Convention, 1949; the United States Congress
Joint Resolution Opposing Torture, 1984; the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment, 1984, 1987
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Should Interrogators Be Allowed to Lie?
United States
Police interrogators are legally allowed to use false evidence ploys.
England and Wales
PACE Act makes it illegal to lie.
Witness must be present.
Interrogation must be audio-recorded.
Intimidation is not permitted.
Potential Solutions to Problems of False Confessions
Video recording of interrogations
Creates permanent record
Improves interrogation methods
Video recording can be manipulated, especially if interrogation is partially recorded
Recording admission and not interrogation
Only showing segments at trial
Manipulating camera angle
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Potential Solutions to Problems of False Confessions
Time limits and expert testimony
Lengthy interrogations common in false confessions
Four hours or less is recommended
Appropriate adult witness for vulnerable suspects
Juveniles should be provided with appropriate adult during questioning
Subjects with mental impairment require special treatment during interrogation
Potential Solutions to Problems of False Confessions
Expert testimony on interrogations and confessions
Expert witnesses can provide assistance
Discussing pertinent research that documents police-induced false confession
Explaining relationship between heightened risk rate of false confession and specific interrogation methods
Case law supports admissibility of expert testimony.
About three-fourth of jurors believe expert witness testimony would be helpful.
