Confessions Interrogations Goal of questioning suspects is to elicit confessions 39 48 of suspects make full confessions 13 16 of suspects make damaging statements or partial admissions 68 of police interrogate suspects make self incriminating statements Most powerful form of evidence The Power of Confessions More guilty pleas avoid investigation trials etc Almost guaranteed conviction 73 for self confession vs 59 for eyewitness Most incriminating evidence multiple studies Not discounted even if potentially false Confession Study With Mock Jurors Asked college students to pretend that they were on a jury Asked to read the transcripts of the interrogation There are three different conditions One with no confession One with a low pressure confession One from a high pressure confession A coerced confession is still very persuasive They recognized coercion said they d disregard it Courtroom Dynamics Checks and Balances Defense can argue that confession was coerced Judges decide whether confession is inadmissible This is a rare occurrence In some states jurors judge admissibility themselves which are subject to bias Don t think innocent people confess Tolerant of coercive tactics discount the effects of high pressure interrogation Other Effects The power to spoil or strengthen other evidence Eye Witnesses Forensic Analysts Confessions can cause them to change the person they identify Coerced confessions can cause them to include suspect despite uncertain DNA evidence Confessions may bolster credibility of otherwise unpersuasive evidence and corrupt other forms of evidence Evolution of Interrogation Prior to 1930 Use of direct physical violence 1931 Report on Lawlessness and Law Enforcement led to less obvious physical abuse Since 1961 Covert abuse leaving no marks deprivation isolation intimidation Legal decisions confessions by certain types of coercion are inadmissible Physical force deprivation prolonged isolation threats of violence pushed police from covert physical to more psychological coercion forms Miranda Rights Right to remain silent Anything you say can and will be used again you in court of law To have attorney present during questioning To have appointed attorney when financial need exists If you can t afford an attorney To acknowledge understanding of rights Do you understand these rights Miranda Rights and Confessions 80 of suspects waive rights and are subject to interrogation choose to talk Police delivery tricks give in a perfunctory rushed ritualistic manner Suspect may be upset lack clear thinking or unable to understand that rights are being waved Suspect has nothing to hide Study on Who Waives Miranda Rights Participants were guilty or innocent of a mock crime stealing 100 Confronted by a neutral sympathetic or hostile detective Asked if they would waive their rights and talk 36 of guilty still waived rights 81 of innocent waived rights What counts as a voluntary confession Who decides whether it s valid Evaluating Confessions 1961 ruling Totality of circumstances Judges must look at all circumstances surrounding interrogation Still lots of permissive rulings Hold a suspect for 16 days without visitors or phone calls Phony lineups where fictional eyewitnesses identify suspect Report that victim miraculously survived and reported suspect Police informer posing as prison cellmate who promises protection Problems Psychological coercion is hard to define Who gets to decide Who is believed Most confessions are admitted to trial Modern Interrogation Modern interrogation is primarily psychological Good cop bad cop approach Methodological police receive substantial training on interrogation manuals and techniques Detailed advice on every aspect of interrogation processes Questions non verbal behavior type of chairs lighting etc Social Psychology Interrogation relies heavily on social biases Reciprocity If you want someone to like you ask them for a favor Cognitive Dissonance When a person holds two or more contradictory beliefs ideas or values or participates in an action that goes against on of them People will do all in their power to change actions and ideas that are psychologically inconsistent with each other until they become consistent Authority authority over you You are more likely to cooperate with someone and like them if they have Scarcity We are motivated to take advantage of a reward if it s scarce You have to act right now Social Proof Numbers multiple people are more persuasive than an individual Similar to conformity General Approach 4 psychologically powerful strategies Loss of Control Increase vulnerability anxiety keep off balance Social Isolation Certainty of Guilt Deprive social support and contradictory information Challenge interrupt dismiss undermine their statements Evidence ploys false portrayal of evidence that doesn t exist Minimization of Culpability Face saving justifications shift blame Themes a story that the suspect can latch onto to either excuse or justify their part in the crime Giving them a narrative to minimize culpability The Reid Technique Involves 9 step technique that represents the general flow of many interrogations Confrontation Theme Development Deflection stopping denials Overcoming Objections Regaining Attention expressing empathy Reframing alternative themes Force the Alternative Repetition eliciting full confession Documentation Interrogations are very effective but can sometimes be too effective Study take 125 proven false confessions overturned by DNA and provided to False Confessions Prompted by lying intimidation deception fatigue abuse Hard to identify mock jurors for judgment 81 conviction rate Confessions are difficult to discount ignore Even if lacking corroborative evidence Even if coerced Even if false Fundamental Attribution Error judging others behavior Bias to overemphasize personal characteristics and ignore situational factors in It s easier to think of someone as guilty than to think about the situation that led to a false confession Proven False Confessions Rates are hard to estimate DNA evidence usually required Some false confessions don t become public Dismissed prior to trial Involve juveniles 27 of known wrongful convictions 21 were based on false confessions 80 are murder cases Greater pressure on investigators More biological evidence Who s At Risk Vulnerable Young inexperienced naive submissive on drugs low intelligence sleep Used as leverage by investigators not protected False confessions
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