Chapter Application Paper: Interrogations, Confessions, and Lie Detection Assignment
Abstract
Law Enforcement officials are given tremendous responsibility to discover the truth
when confronted with criminal activity. They should not be deterred by fear or prejudice
when it comes to uncovering the facts surrounding a criminal case. Various
impediments exist when it comes to the truth and the application to the outcome of
justice. The various biases and preconceived notions that law enforcement officials
have, undoubtedly contribute to the likelihood of wrongful convictions and coercion of
innocent subjects of criminal investigations. This unfortunate reality in criminal court
proceedings and investigations has led to numerous innocent American Citizens being
wrongfully imprisoned. The travesty of innocent people confessing to crimes at the
hands of very convincing investigators is appalling and inexcusable. The utilization of
the polygraph in investigations to a degree helps negate wrongful convictions but at the
same time allows guilty subjects another opportunity to offend. So what can be done to
more accurately convict the guilty and exonerate the innocent or identify the true
subject? The answers lie in the methods used for interrogation, lie detection, and fact
finding.
Chapter Application Paper: Interrogations, Confessions, and Lie Detection Assignment
The prevalence of concealing the truth or not telling the truth is part of natural
society and social interactions among people. To give someone an honest answer
when they ask how they look is not always acceptable. To provide an honest answer of
“ you’re fat, or ugly” if the person looks disorderly, fat or ugly, would offend them both.
As Proverbs 12:18, tells us “Thoughtless words can wound as deeply as any sword but
a wisely spoken word can heal.” Unfortunately, we are only human and without using
God’s word, have built our society to not encourage truthful interpersonal interactions.
Thus, a reasonable conclusion is that we have built our society on lies.
How can an investigator expect to get to the truth in an investigation when
everyone is lying to them or hiding the truth? Investigators can employ a variety of truth
detection methods to reveal the facts of a case. Investigators have at their disposal the
deployment of highly trained crime scene examination technicians, digital forensic
technicians, and laboratory evaluation. In addition to truth detection methods through
interviews, interrogations, and the use of the polygraph. Once evidence collection takes
place the investigators send the evidence to a laboratory to analyze the collected
evidence. All these systems and methods work in synergy to provide credible evidence
for use in criminal court proceedings.
When it comes to the detection of lying by subjects in interrogations, police often
use behavior analysis to determine if the subject is lying. This technique includes the
interrogator essentially using their training in non-verbal behavior to determine the
truthfulness of a subject’s statement. The interrogator will observe the subject’s, body
language such as grooming behavior, or touching their body when asked questions, and
their posture such as their arms crossed or fidgeting during questioning. It is estimated
Chapter Application Paper: Interrogations, Confessions, and Lie Detection Assignment
that highly trained investigators can determine with 77% accuracy if a subject is lying
when using behavior analysis Costanzo.& (Krauss 2020, pg. 34). One thing the
investigators must be aware of when conducting an interrogation is confirmation bias.
An investigator will sometimes already have a preconceived notion about the subject
when they are in the interrogation and when the subject exhibits certain behavior the
investigator may perceive that behavior by their preconceived idea and substantiate that
idea. It is of the utmost importance that an investigator attends every interrogation with
a completely open mind and neutral attitude when it comes to the subject being guilty or
not guilty of the crime they are under investigation.
Advances in technology eventually led to the development and utilization of the
Polygraph. The Polygraph is a machine that reads a subject’s physiological behavior.
The Polygraph is comprised of a “blood pressure cuff on the arm, pneumatic cords
across the chest an electrode on the finger” Costanzo.& Krauss (2020, pg. 35). The
different components of the Polygraph document the subjects, pulse, blood pressure,
sweat accumulation, and breathing pattern to establish a natural base line for behavior.
This data is recorded on a graph, on a computer and documented while the subject is
questioned. The Polygraph examiner develops test questions to ascertain the subjects
physiological reaction to lying as compared to the truth. The technique is called the
“comparison question technique” Costanzo.& Krauss (2020, pg. 38). The examiner will
then ask questions to elicit a yes or no response that is specific to the offense or
circumstances of the case in question, such as “Did you stab Billy Madison?”
The Polygraph is a tool that can be used by investigators or police but it is not
infallible. There are many variances with regard to the subjects and their physiological
Chapter Application Paper: Interrogations, Confessions, and Lie Detection Assignment
reactions to the questions. The differences are with the personalities of the people
being questioned. A criminal who has been subjected to a difficult or traumatic life filled
with illegal activity will respond differently when compared to a person who has had a
relatively easy or laid-back life where they haven’t had to conduct a lot of illegal activity
to survive. The subject’s comfort level with lying is also part of the equation with the
reliability of a Polygraph exam. People who are comfortable with lying will make it more
difficult for the examiner to determine their baseline which could lead to mistakes in the
process because ultimately the data is interpreted by a person and people are capable
of misinterpreting data. Due to the inaccuracy of the Polygraph the use of Polygraph is,
inadmissible in most courts in the United States. The state of New Mexico is the only
one that allows the use of the Polygraph to be admitted in court; however, they are
heavily scrutinized Costanzo.& Krauss (2020, pg. 45).
Perhaps the most accurate use of the Polygraph is its utilization with the “Guilty
Knowledge Test” Costanzo.& Krauss (2020, pg. 47). In this application of the
Polygraph, the examiner identifies only information the assailant would be aware of to
determine if they are guilty. The examiner reads the subject’s physiological reactions to
direct questioning of the circumstances involved in the case against non-pertinent facts.
For example, if the weapon used in the offense was a knife and only the subject would
know this information, then the examiner will individually ask if they used a knife, gun,
hand, rope, teapot, bazooka, and record the reactions to all of the different implements.
The examiner can more accurately rule out innocent people and identify the true subject
in a case by recording their reactions to the unused implements.
Chapter Application Paper: Interrogations, Confessions, and Lie Detection Assignment
One of the newest additions to the field of Lie Detection methods, boasts a 97%
accuracy rate in experimental trials, is the use of “functional magnetic resonance
imaging” (fMRI) Costanzo.& Krauss (2020, pg. 52). The fMRI can be used to pinpoint
the part of the brain that is activated when a person is lying about something which can
be used in lie detection. The implementation of this type of method is interesting to
consider the possibilities; however, a federal judge ruled it is not suitable for use in
court Miller. (2010).
The confession is the aim of every investigator, they can save countless hours of
work to determine the facts of the case with an admission of guilt on behalf of the
offender. The need to still be diligent with the processes in the investigation and
obtaining evidence is crucial regardless of the admission of guilt. The evidence still has
to match what the subject is confessing to which is essential for the investigation and
determining fact from fiction. Investigators should be aware of and avoid false
confessions with all cases from the use of overly aggressive interrogation tactics.
Schrantz, et. al. (2023) suggests that social exclusion may explain some false
confessions. According to Schrants, et. al. (2023) an estimated 35% of wrongful
convictions are due to people confessing to crimes they didn’t commit. The social
psychological police tactic of “social exclusion and ostracism” is believed to be a
significant factor for some innocent people to confess. A study conducted in a
laboratory environment by Schrants, et. al. (2023) found that %63.99 of the time a false
confession occurred when they implemented these strategies. Another false confession
investigators should be aware of are the confessions in high profile cases where a
subject can gain notoriety and perceived fame from being the offender in a case
Chapter Application Paper: Interrogations, Confessions, and Lie Detection Assignment
Costanzo.& Krauss (2020). These people usually have no other way of gaining fame
and popularity so they take advantage of a situation where a subject hasn’t been found
and attempt to masquerade as the offender. In these situations good police work will
identify the subject is lying because they will not know vital information that only the true
subject would know.
A way to deter police coercion and false confessions is the use of video
recording devices and require probable cause to conduct interrogations. Some police
protocols in place require the use of surveillance devices in interrogations to protect the
interrogator against accusations of coercion. Another benefit of using recording devices
is to provide different angles in the interrogation. The use of recording devices should
show various points of view of the interrogation to show a courtroom the demeanor of
the investigator and the subject. The requirement for probable cause to conduct an
interrogation is a practice where the police confer with a neutral party such as a lawyer
or judge to determine if the evidence is substantial enough to interrogate the suspect
Costanzo.& Krauss (2020).
Chapter Application Paper: Interrogations, Confessions, and Lie Detection Assignment
Conclusion
Police and investigators have one of the most difficult vocations in the world. It requires
long hours, dangerous situations, open-mindedness, tenacity, commitment and courage
to uncover the facts. They have a variety of methods, tools and procedures available to
them to properly conduct their occupation. Further training and established protocols
can help put and keep criminals in prison while exonerating the innocent. When police
and investigators have the trust of the citizens they are sworn to protect and are fully
committed to upholding their duties, then justice can be carried out without second
guesses or fear of an innocent person being imprisoned. As the saying in law
enforcement goes, it’s better for 100 offenders to go free than for one innocent person
to go to prison.
Chapter Application Paper: Interrogations, Confessions, and Lie Detection Assignment
References:
1. Costanzo, M., & Krauss, D. (2020).HForensic and Legal PsychologyH(4th ed.).
Macmillan Higher Education
2. MILLER, G. (2010). <strong>fMRI Lie Detection Fails a Legal
Test</strong>.HScience,H328(5984), 1336–1337.
3. Schrantz, K. N., Nesmith, B. L., Limke-McLean, A., & Vanhoy, M. (2023). I’ll Confess
to Be Included: Social Exclusion Predicts Likelihood of False Confession.HJournal of
Police and Criminal Psychology.,H38(2), 293–298.
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