Read Ch 2 on Interrogations and Confessions.
Summarize the chapter. Did you learn anything surprising? Were any of your own ideas about interrogations/confessions debunked by reading this chapter? What is something you want to learn more about? Search on that topic and report on some additional information about that topic. Provide any links to resources.
Your posts should be getting progressively longer and more detailed. You should clearly link psychology to the legal context under evaluation.
When police have the suspect in an interrogation room they want to get the person to say that they committed the crime. Sometimes though this leads to false confessions. A main reason that they want them to confess to it is because it will make thing quicker. When a suspect confesses to committing the crime than they will plead guilty in court and save time. A confession puts a suspect on a route straight to conviction because jury members will almost always convict someone once they confess to committing the crime. Confessions are rated as significantly more incriminating than any other form of evidence, and were rated as the most powerful influential piece of evidence. In some cases jurors are unable to see when someone has confessed falsely. Even if the person was under high pressure at the time of his interrogation, which lead him to say he did it, he will still get convicted 81% of the time. Fundamental attribution error is when, in the case, we discount the pressure of the interrogation process as a cause of a suspect’s confession.
Interrogations techniques started with direct physical violence, than moved onto physical torture, and finally has arrived at psychological means of coercion. Police started out with using physical weapons on their suspects to get them to confess. They used everything from their fists to electric shock. They did this because guilty suspects usually resist confessing to their crimes. They thought the best way to get them to confess was through violence. When the media and public became aware of all this torture being used on the suspect’s things had to change, but they didn’t change for the better. They just made it so that they didn’t leave any marks on the suspect. They forced them under water to the point of almost drowning, isolated them, didn’t let them use the bathroom, and withholding food. This type of torture has a lot to do with cognitive psychology because it really messes with the mind of the suspect. Legal actions began to be made so that the suspects could have rights. This became known as the Miranda Rights. The Miranda Rights are made up of four parts describing what the suspect or criminal is allowed to have. They are allowed to remain silence, are allowed to an attorney(even if you can’t afford one), and are asked if they understand what was just read to them. There is a good majority of criminals who waive their Miranda rights. The theories that have been created for this are that they are innocent, guilty but want to appear cooperative, or aren’t thinking clearly when being taken into custody. In these interrogations they may get the suspect to give a “voluntary” confession. The Supreme Court has made it so that the trial judges have to follow the totality of circumstances. One thing that is hard for trial judges is to know which side to take when a “swearing contest” happens. Both sides say they are right and it is hard for them to ever go against the police. Again these techniques have to do with the suspect’s mental environment so it has to deal with cognitive psychology.
The most well-known psychological approach in an investigation is the good cop-bad cop because you see it on television and in movies all the time. This could be an example of behavioral psychology because of the personalities the cops take over to create a certain type of behavior to get the suspect to confess. In good cop-bad cop two interrogators work as a team was goes in being mean and intimidating while the other shows sympathy and understanding. There are nine steps of interrogation in the Reid technique. Underlying those nine steps are four basic influence strategies. These foundational strategies include: loss of control, social isolation, certainty of guilt, and exculpatory scenarios. The loss of control is where the suspect is help in a small room where every aspect of the interrogation is controlled by the interrogator. The main goals of this strategy is to remove any familiar surroundings, and to communicate in a blunt and subtle way. Social isolation is another strategy of interrogation where the suspect is almost always interrogated alone. The goals to this strategy so to make sure that he suspect isn’t allowed any emotional support and to minimize contradictory information. Certainty of guilt is a third strategy used. In this strategy the interrogator starts by telling the suspect that they are guilty. This is followed by the denial of the suspect, which is then turned right back at them because the interrogator will keep saying, “You did it, and you know you did it.” Evidence ploys something used by the investigators in the third strategy. This is when the police come up with false information so that the suspect will start to get uncomfortable. This strategy is as good as the interrogator can be. It is all based on imagination and getting the suspect to believe in you bluff. The fourth strategy is exculpatory scenarios. This is when the interrogator tries to shift the blame off the suspect and onto someone else like the victim. This strategy is all about being sympathetic to the suspect even if he may have molested a child.
In some cases the interrogators or police may actually convince an innocent person that they committed the crime. The book talks about how the police were able to manipulate Thomas Sawyers memory into thinking that he committed the crime. This can happen to anyone depending on the vulnerability. People can be vulnerable for all types of reasons including: sleep deprivation, young, naïve, on drugs, drunk, etc. Youth is a very big vulnerability. It has been found that 32% of proven false confessions have been given by suspects under the age of 18. This has to deal with developmental psychology because of the fact that the brain isn’t fully developed yet. There are four types of false confession. The first one is instrumental-coerced false confessions. This is caused by a long or intense interrogation, and the suspect confess to a crime they know they didn’t commit. The second type is instrumental-voluntary false conviction. This is when the suspect knowingly admits to the crime in order to fulfill something else. This means that someone may take the heat of the crime so that someone else doesn’t get into trouble. The third type is authentic-coerced false confession. This is when a suspect has to go through a long or intense interrogation and is convinced, by the interrogator, that he is the one who committed the crime. The fourth and final kind is authentic-voluntary false conviction. This is when someone who suffers from delusions confesses to a crime with little or no pressure from the interrogator.
Countries outside of the United States study cops behavior in an interrogation a lot more than we do. There is an act called Police and Criminal Evidence Act that makes it illegal for cops to lie about what evidence they have. It also requires that they audio record the interrogations so that other can listen to it later during the trial. In the United States cops are still allowed to lie about evidence so that they can get a confession.
Video recordings, time limits, an appropriate adult, and expert testimony are just some of the things that can be used in an interrogation to get better results. Video recording should be used so that the jurors can see what happened in the interrogation. It helps because you can see as well as hear what actually happened and not have to struggle with who to believe since you can see if for yourself. One problem with video recording is that fact that it can be cut to only show the guilt in the suspect. Another problem that can arise is who is seen in the video, if you can’t see both people in the room than the jury isn’t going to be able to feel what was going on with both sides. This can be solved with equal-focus camera perspective. Most interrogations now embrace video recordings. A good thing with video recording is that it can help researchers answer some questions on how false confessions are brought up. There should be a time limit on interrogations so as to not make the suspect feel trapped. The longer the interrogation the higher risk for false confessions. An “appropriate adult” is a person who is qualified to sit in with a youth when they are being questioned. This also can be used with a mentally impaired suspect. Parents can sometimes hold this role, but it is better if it is an attorney or someone not related to the child. Social psychologists are used in expert testimony to help the jury understand whether or not the suspect was led to falsely confess.
I find it very shocking that as a form of torture they made a suspect sit with his head against a dead body in the morgue. That is truly disgusting. I also found it shocking that about 80% of criminals will waive their Miranda rights. I also found it shocking that 25% of wrongful convictions are because of false confessions. I didn’t really have many thoughts about interrogations. I did think that the good cop-bad cop was just something that was on television. I didn’t know that it was actually used. I wanted to learn more about appropriate adults.
http://www.onside-advocacy.org.uk/what-we-do/appropriate-adult.html
This is a website dedicated to appropriate adults. This is a company called Onside. This company basically will help you if you are ever in need of having someone who isn’t related to the police. It says that they are independent of the police and help with the following: Look after the detained person’s welfare, explain police procedures, provide information about their rights and ensure that these are protected, facilitate communication with the police.
http://www.appropriateadult.org.uk/
This is another website about appropriate adults. This is website is for people in England or Wales. This website even if it isn’t for the United States still gives some good information on what they do. It talks about who and when an appropriate adult is used.
Chapter 2: Interrogations and Confessions
To begin, a confession is probably the closest thing to a guaranteed conviction that a prosecution attorney is going to get. Sometimes, though, people will confess who did not actually commit the crime. False confessions, even those that are coerced by law enforcement and other professionals, increase conviction rates by 31%. A judge has the authority to dismiss a conviction if proven to be coerced, but these rulings are rare. Even if a plaintive pleads not guilty after they may have falsely confessed, they are still found guilty 81% of the time because the jury members did not recognize the confession as false. Reasoning behind this dramatic percentage can be explained in part by the fundamental attribution error—in which one may misjudge another’s behavior based on certain traits instead of situational pressures they may have been experiencing at the time of the crime. To help jurors out, many states have started to require the video taping of interrogation sessions. An aspect of psychology linked to these video tapes arises when considering the perspective from which the video is shot. It was discovered that “suspect only” views caused observers to not take into consideration the surrounding pressures as much as any other view. Equal-focused camera viewpoints best assist jurors to evaluate the voluntariness and coerciveness of the interrogation.
There are four types of false confessions. Instrumental-coerced falls confessions are the most common and happen when a suspect has been interrogated for an extremely long period of time and is convinced that the only way to end the session is to confess. The second type of false confession is instrumental-voluntary which occurs when suspects knowingly confess to a crime they did not do in order to achieve some goal such as saving someone else from the prison sentence. Authentic-coerced false confessions are similar to instrumental-coerced false confessions, except in these the suspect actually believes (for a short period of time anyway) that they committed the crime because of the grueling lengthy interrogation process. Lastly, an authentic-voluntary false confession occurs when a suspect might be suffering from a mental illness involving delusions and confesses easily and quickly to a crime.
Next, the text discusses the evolution of interrogation techniques. Interrogation techniques have evolved from direct physical violence, to furtive physical torment (leaving no trace) to purely psychological means of duress. Before a suspect is interrogated, they are read their Miranda rights that were established after the Miranda v. Arizona decision of 1966. If a suspect was not read his or her rights then any succeeding confession can be omitted from the trial. One thing that surprised me was that 80% of suspects in police custody choose to waive their Miranda rights and submit themselves to be interrogated without an attorney present even though one could have been appointed to them if they couldn’t afford one. Another piece of information from the text that I found interesting was the different lies police use in order to gain a confession; in particular having a police informer pose as the suspects prison cell-mate and offer protection from dangerous convicts if he confessed. I question the reliability of this path to a confession because one may falsely confess in order to gain protection that my save his life. The “good cob-bad cop approach” was something that I thought only existed in movies, but it is actually used in real life scenarios, though I find it hard to believe any guilty person of average intelligence would see through this technique by now after having it used in the media so much.
When it comes to interrogating, there are four basic influence strategies used during the examination: 1) loss of control, 2) social isolation, 3) certainty of guilt, and 4) exculpatory scenarios. Loss of control is created within the atmosphere and conditions of the interrogation room by removing familiar objects, talking in a direct way that insinuates the suspect has zero control, and breaking rules of normal social interaction to disorient the suspect. Social isolation is interrogating the suspect alone in order to deprive them of any outside information and support. Certainty of guilt is a demeanor the interrogator presents that says, “You did it and we know it” to the suspect. To capture certainty of guilt, the police may use evidence ploys. The last influence strategy, exculpatory scenarios, are used to coerce a suspect into confessing by saying things that make the crime they did seem more socially acceptable, such as saying they did it in self-defense. These work by simply shifting blame, and then it seems as if they are not confessing to such a horrendous criminal act.
At the end of the section titled, “Sound Interrogators Be Allowed to Lie”, it reads, “If it is justifiable to lie to a suspect for the purpose of securing a confession, it may not be that large a step to believe that it is justifiable to bend the truth during courtroom testimony for the purpose of securing a conviction.” I see this point entirely, in that once it becomes okay in one setting, the truth may not hold as much weight in another as well; however, lying to a suspect who is truly innocent should never really be a problem. I think lies to the suspect that are controlled should continue to be legal.
One thing that I wanted to learn more about involved the Miranda rights and other possible consequences that arise when police fail to read them. Here, http://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html, I discovered that there is a rule called the “fruit of the poisonous tree” which states that if the police of violated the Miranda rule and find evidence in result of this, they may not be allowed to use the evidence in court. They provide an interesting example: “if a suspect tells the police where a weapon is hidden and it turns out that the suspect provided this information in response to improper questioning, the police will not be able to use the weapon as evidence -- unless the police can prove that they would have found the weapon without the suspect's statements.”
I have read about many accounts of false confessions in my academic career. In all of them, the interrogators flat out broke the law and committed acts of evil against the suspect, to the point that the suspect decided that it was better to confess and tell them what they wanted to hear than remain in such torture. Police officers can embody everything that's wrong with psychology...They use pretty much every tactic that is deemed unethical by the APA. But, because they're officers of the law, and not involved with the psychological community, they get away with it.
One thing that I found very interesting was that on page 33 in the textbook, it stated that "Since 1961, confessions have generally been ruled as inadmissible if judged to be the result of physical force, sleep or food deprivation, prolonged isolation, explicit threats of violence, clear promises of lenient sentences, or explicit promises of immunity from prosecution." (Costanzo & Krauss 33)
All of these things sounded pretty normal except for one thing. The part about clear promises of lenient sentences doesn't seem like it should be in there.
http://www.larkenrose.com/blogs/861-blog/1601.html
This is the link for an article that I just read about plea bargains being a form of forced confessions. However, this article is evidence that despite the law that is posted above, prosecutors are still using (and getting away with using) plea bargains as a form of forced confession.
With all of the above noted, and my dissatisfaction with the government just as strong as always, I do however acknowledge that they sometimes get it right. Some cops are still out there every day with the intention of helping out the citizens, and just want to protect us from the dangers in the world. I admire those people. I am just concerned with a system that allows for situations to occur in which innocent people can fall through the cracks and police interrogators can inflict serious psychological harm upon a human being who remains INNOCENT UNTIL PROVEN GUILTY IN THE COURT OF LAW. I watched the show Cops every Saturday night from before I can remember until I moved out of my parents' house. I used to believe that it was great to live in America, because it's the only place where people actually believe and treat you as though you're innocent until they can prove that you are guilty. Something needs to be changed in the system to ensure that we restore this right that seems to have been forgotten.
Now to start off talking about chapter 2 I decided to start on the subject of false confessions because I found that pretty interesting. To be honest I only thought there was one type of a false confession. But as listed in chapter 2 there are many different kinds. The first kind I would like to talk about is called instrumental coerced. This is usually the case when the interrogation takes place for an extended period of time so the person might falsely confess just to stop the interrogation. The next kind is instrumental-voluntary. This means that the person is confessing to basically take credit for someone else’s crime. The reason why they might do this is to get fame. The third kind is authentic-coerced. This is like instrumental coerced but the reason they get a confession is because the suspect is convinced that they really committed the crime. And the final type of false confession would be authentic- voluntary. This has to do with the suspect being mentally ill in some way.
Now another area the book goes into was the different types of interrogation techniques as well as the evolution of the techniques. It starts off by going through what has to take place before an interrogation takes place. The main point I think everyone in America knows would be read their Miranda rights. This is a very important step to the process because if the suspect confesses and is not read his/her rights then it can be thrown out in trial. The Miranda is set in place to protect the rights of all suspects. Now one of my favorite techniques I would like to see in person would be the good cop bad cop. The reason for this is because I have heard stories in my policing class where this works. But what I would really like to know is if it plays out the same way like on the TV show “Law and Order”.
Now involved with interrogating there are four basic strategies. The first is the loss of control technique. This is where every part of the interrogation is controlled by the investigator. By this I mean the location, what’s in the room, and maybe even how comfortable the surroundings are so the investigator has the upper hand. The next type is social isolation. This is done by obviously isolating the suspect so not only can he not gain moral support from anyone but it also minimizes outside factors that could cause contradictory things within their story. The third strategy is certainty of guilt. This takes place where the interrogator acts like he knows that the suspect committed the crime and no matter what he says that he did it. The last one is evidence ploy where the investigators use false evidence to convince the suspect that they can pin him on the crime.
The chapter starts with the power of a confession. The confession helps speed up the conviction process because trials can be avoided and it can stop the long slow process of examining the evidence. It can do this because people who confess usually plead guilty and because guilty suspects who confess usually where critical evidence can be found. This can make additional evidence less critical, and this is the closest prosecuters can get to a guaranteed conviction. Then it was found in research that confessions led to a rate of 73% conviction rate. It was also found in research that confessions are more incriminating then any other piece of evidence. The thing is that not all confessions are the real thing. People confess to crimes that they didnt commit or give false confessions. How is this done you say well police have several itimidating interrogation methods, but it was also found in research that even if the confession was thrown out because it was false, 81% were still convicted. So it is very hard for a jury to ignore a confession. This can be explained by the fundamental attribution error which is the tendency to attribute other people's behavior to dispositional causes and dismiss the situational pressures acting on the person. Then it goes into the evolution of interrogation techniques. Police interrogation techiques have evolved for over a century. Prior to 1930 police used beatings, burnings, twisting a man's testicles, and even pulling suspects up by their hair. This all ended with the Report on Lawlessness in the Law Enforcement. This documented a lot of the abuse by police and focused the attention on how the treatment of suspects in police custody. This just changed from direct abuse to convert forms of abuse which include sleep deprivation, standing for long periods of time, drowning, and many more. Then after a series of legal decisions made police stop doing this and more psychological forms of coercion. This lead to suspects getting the miranda rights which are 1. the right to remain silent, 2. you have the right to have an attorney present during questioning, 3. if you cant afford an attorney one will be appointed to you, 4. do you understand these rights. Surprizing that only 20% of people choose to exercise their miranda rights and 80% waive their rights. Now the voluntary nature of a confession is judged by the totality of circumstances around the confession, but police still have their coercion techniques. Then it goes into the modern interrogation room. Police use several psychological techniques for example good cop bad cop approach, and this is where one cop acts abusive and crazy and the other acts nice and sain. Police officers even read manuals. These manuals give advice on what to say, how to set up an interrogation room, and many other details. The one it most referred to is the Reid Technique or nine steps of interrogation, and these steps are basic influence strategies, 1. loss of control, 2. social isolation, 3. certainty of guilt, and 4. exculpatory scenarios. The process of interrogation is based on loss of control. This is show because when interrogated the suspects well being is in the hands of the officers. This leads the suspect to be anxious and vulnerable. The second part is social isolation, and this can be seen because most times a suspect is interrogated alone. This is done to deprive the suspect of emotional support. The third strategy is certainty of guilt. This is done with evidence ploys and training to cut off denial efforts of the suspect. The fourth strategy is constructing exculpatory scenarios. These scenarios work by shifting the blame from the suspect to someone else, or to circumstances surrounding the act, or by redefining the act. The next part is the problem of false confessions. 25% of known wrongful convictions involved false confessions. Just like the research I stated earlier evenn with false confession 80% were convicted, and the most vunerable to this is youths. 32% of false confessions are given by suspects under 18. Then it talks about different types of false confessions. They can be broken down to four catergories, 1. instrumental-coerced false confessions and they occur when, as a result of a long and intense interrogation, suspects confess to crimes they know they didnt commit, 2. instrumental-voluntary false confessions and they occur when suspects knowingly implicate themselves in crimes they didnt commit in an effort to achieve a goal, 3. authentic-coerced false confession and they occur when as a product of a long and intense interrogation a suspect becomes convinced that they committed the crime, and 4. authentic-voluntary false confession and they occur when someone suffering from delusions confesses to a crime with no pressure from the police. Then it goes on to tell the police are legally permitted to use false evidence to produce a conviction. Then this bairs the question, should they be able to do this? But in 1986 the Police and Criminal act made this illegal. Now there are potential solutions to the problem of false confessions, some of these are video recording interrogations, time limits on interrogations, the safe guard for vulnerable suspects, and expert witness testimony on interrogations and confessions.
What I learned in this chapter blew my mind. I had always assumed that interrogation didnt go that way that police arent that biased, but they are with all of their coercion techniques. This chapter made me completly review my ideas on how the interrogation process goes from start to end. The thing that I wanted to learn more about is the police and criminal evidence act.
http://www.legislation.gov.uk/ukpga/1984/60/contents
This was the website that I found. On this website I found that this piece of legislation has over 200 different provision and it is extremely detailed from the point of initial contact of the suspect all the way the conviction. It has guide line on what can be done to the suspect in forms of coercion and like I stated before it is detailed from every single angle you could think of.
Chapter 2 deals with interrogation and confessions. The chapter begins with a story about a rape case. The victim was brutally attacked in a park, but after she was found and miraculously recovered, she seemed to have lost all memory of the incident. The police interrogated 6 boys who had been harassing people in the park before. 5 of the 6 boys confessed to having raped the woman. However, it was later discovered that an entirely different man was the culprit, after he confessed while in prison and the DNA of his semen was matched to the semen found on the victim's sock. All 5 boys had given false confessions.
Confessions are very powerful evidence and are highly coveted by police because they make for a speedy trial. Suspects who confess generally plead guilty. It's been proven through numerous studies that the presence of a confession is extremely influential on the minds of a jury, even if that confession was coerced by police. This partially due to the principle known as fundamental attribution error or the tendency to attribute other people's behavior to dispositional causes (traits, personality) and to dismiss the situational pressures acting on the person. In this case, the jurors attribute the confession to the suspect's guilty conscience rather than to the pressure from the police. Fundamental attribution error is huge in social psychology research and can be studied in several different situations. When I was in social psychology, I read about a study done on fundamental attribution error and attraction. A male and female would ride on a roller coaster (making both their hearts race due to the excitement and adrenaline), then the male would ask the female on a date. In this case, the female would attribute her racing heart to the attraction she felt for the male, rather than the thrill of the roller coaster ride she had just finished, and was more likely to respond positively.
The chapter continued by discussing the history of interrogation techniques. Before the 1930s, police used physical beatings to coerce suspects into confessing. However, once these procedures were reported publicly, they were forced to stop. The police then moved to less noticeable types of abuse, specifically torture. Suspects would be sleep deprived, food deprived, forced to stand for hours on end, isolated, hung by their feet out a window or stairwell, intimidated, and subjected to several other types of abuse that didn't leave any physical marks. These methods were effective in getting suspects to confess, but it was more about the suspect telling the police what they wanted to hear rather than actually confessing to a crime they committed. Eventually, confessions derived from these forms of abuse were ruled as inadmissible by judges. Finally after one particular court case Miranda vs. Arizona, a set of legal rights for suspects in custody was created. These are known as the Miranda rights. There are four specific rights that police must recite to an arrested suspect as soon as they are apprehended. The first of which anyone could hear if they watch any crime dramas on television or in movies: "You have the right to remain silent. Anything you say can be used against you in the court of law." The other three state the suspects right to an attorney and that one will be provided should the suspect not be able to afford an attorney of their own. The final Miranda right basically just confirms whether or not the suspect understands their rights. Although about 80% of suspects in custody waive their Miranda rights, they are still extremely important, especially for police. If an officer fails to "Mirandize" a suspect, anything they may or may not confess to cannot be used against them in court. I found it extremely surprising that so many people would waive their Miranda rights. If I ever got arrested, you'd better believe I would hold onto those rights like my life depended on it.
The chapter continues to discuss the modern day interrogation room, citing different methods of interrogation, including good cop, bad cop and the Reid technique. They also list the four basic principles of interrogation which are loss of control, social isolation, certainty of guilt, and exculpatory scenarios. These principles are implemented to keep a suspect off balance and try to force a confession by not allowing the suspect to feel comfortable or safe in their logic. Though the strategies may be effective in getting confessions, I can't help but see the innate flaws in them. We've previously discussed how easy it is for an eyewitness's memory to be contaminated by a simple suggestion or a poorly worded question. I feel like the same would be true in the interrogation room. By blatantly accusing a person of a crime in a high stress environment like an interrogation room, I feel like a person's judgement could easily be swayed to fit what the police want, instead of what is actually true. This can be especially true when the police are allowed to lie to a suspect about evidence stacked against them. There may not be any evidence at all, yet the police can basically tell a suspect they are all but convicted while they're still in the interrogation room.
The chapter then discusses false confessions and the types of false confessions. Basically, a false confession lies in two of four different categories: instrumental or authentic and coerced or voluntary. Instrumental confessions occur when a person confesses to a crime they know they did not commit. Authentic false confessions happen when the suspects actually thinks they committed a crime they did not commit. Coerced confessions are a result of police persuasion. Voluntary confessions are given by the suspect without need for persuasion. The chapter then describes possible solutions to the problem of false confessions. They cite video recording of interrogations, time limits on interrogations, adult safeguards on interrogations with youth, and expert testimony on interrogations and confessions being allowed in courtrooms. I think all would be effective in checking the power interrogators have in their interrogation rooms, and overall making the process more fair for the suspect. However, just like testimony on eyewitness memory, testimony from an expert on interrogations and confessions might be easily dismissed by judges because they would "confuse the jury instead of inform them."
After reading the chapter, I decided to research more into fundamental attribution error. I found an article that described accountability as a check on fundamental attribution error. Basically the article found that when people would be held accountable for their opinions and asked to give reasons for why they believed those opinions, they were more likely to analyze information and less likely to engage in fundamental attribution error.
http://www.jstor.org/stable/10.2307/3033683
2/27/2012
Chapter 2 Interrogations and Confessions
This chapter discusses how interrogations can provoke false confessions. The chapter starts off with a case study where a woman was raped and beaten – beaten so badly that it was a miracle she even survived. There were a group of boys that were brought into the police stations and interrogated. In the end 5 of the 6 boys that were interrogated confessed to the attack and rape. In reality none of these boys attacked or raped this woman. The rest of the chapter goes on to discuss how and why on earth someone would confess to a crime that they did not commit (I thought this cases study was a great example because it was not just one person that had a false confessions but five!).
The chapter sets up the power of confession. It gives statistics of convictions of crimes when the suspect has confessed. They look at the extent of coercion that the suspect is subjected to and then they look at how many are still convicted in cases where the jury (mock jury) is aware that there was heavy or high coercion. Studies show that regardless of the extent of coercion the suspect that has confessed is more likely to be convicted. A key term that is brought up in this section is fundamental attribution error this is the tendency to attribute other people’s behavior to dispositional causes (traits, personality) and to dismiss the situational pressures acting on the person. Now judges are supposed to take into account whether or not the suspect’s situational pressure to see if confession should be admitted into the court/case. The judge may rule that a confession was coerced and is inadmissible, but this does not happen often.
Interrogation techniques have evolved over time. In the olden times (1930’s and back) police were allowed to beat the confessions out of suspects, literally. They could use their fists, gun grips, rubber hoses, etc. When these tactics were outlawed there were ways of getting information that left no marks. Suspects could be hung out of windows or above tall stairwells by their feet. They could held under water or deprived of food, water or bathroom; there were also psychological techniques. These techniques included prolonged isolation, threats of violence, promise of immunity to name a few. Today if any of these tactics are used in getting a confession the confessions will be inadmissible.
The book also discussed Miranda rights these can broke down into four parts 1. You have the right to remain silent. Anything you say can be used against you in the court of law; 2. You have the right to have an attorney present during questioning; 3. If you cannot afford an attorney, you have the right have an attorney appointed to you prior to questioning; and 4. Do you understand these rights as I have explained them to you? If a suspect has been made aware of their Miranda rights then what they say cannot be include in the case later. Many times people will waive these rights. If someone is truly innocent and they ‘have nothing to hide,’ if someone does not want to seem uncooperative with the police. There are also ways that police officers can present the Miranda rights that make them seem like unimportant protocol; said in a monotone way.
Next the book discusses what happens inside the modern interrogation room. They start by explaining the good-cop/bad-cop routine. I think we are all familiar with this from crime movie or television series. This is where two cops take part in interrogation. One cop is more dominant and forward; accusing the suspect that they are guilty and should be convicted. The second cop is more neutral and even sympathetic toward the suspect. They may try and calm the other cop (the bad cop) down. This is supposed to gain the suspect’s trust. Then when the bad cop leaves and the good cop and the suspect are alone that is when the suspect is to confide or confess to the good cop.
From here we move onto the nine steps of interrogation. In congruence with these steps there are four basic influence strategies. First, there is loss of control this is when suspects are interrogated in a small, sparse, room where every aspect of the situation-including the physical environment, the direction and pacing of the conversation, and the length of the interrogation-are controlled by the interrogator. Second, there is social isolation this is when suspects are interrogated alone (as usual). This is to prevent any social support and to minimize contradictory information. Third, is certainty of guilt this is when interrogators start with an accusation of guilt and then cut off and dismiss their denial. Fourth and finally, there are evidence ploys. This is when interrogators will cite real and fabricated information. When there is little evidence to suggest that this suspect committed the crime the interrogator may make up and lie about having evidence that is incriminating.
This chapter also discusses four types of false confessions. The first is mental-coerced false confessions these occur when suspects confess to a crime they did not commit after a long of intense interrogation. Secondly, instrumental-voluntary false confession is when a suspect knowingly confesses when they know they did not commit the crime in order to achieve some sort of goal. Third there is authentic-coerced false confession this is when a suspect becomes convinced that they did commit the crime, if even temporarily after long or intense interrogation. Lastly, there is authentic-voluntary false confession. This is when someone confesses to a crime with little to no pressure while they are suffering from delusions.
The book talk about the Police and Criminal Evidence Act (PACE).This is an act put into place in Great Britain. It means that law enforcement cannot lie or trick suspects into gaining a confession. In the United States, however, we are still allowed to use these tactics. This is discussion on whether or not this should be allowed. In GB even after PACE was instated the rates of confessions stayed the same. So does it matter? Are police still using these tactics just out of views way? Would it be the same for the U.S.? One suggestion is to use a video camera to monitor lying or trickery to make sure that coercion is not ending in a false confession. But then one has to consider where that video camera is pointed. The book also looks at time limits on interrogations. The limit being argued if four hours. I think time limit is a good idea. I know that even while in class or have an in-depth discussion with someone take a lot out of me! To hole my attention for that long – it’s exhausting. I can’t imagine what it would be like to have to be under such pressure for four hours and keep my attention at an acceptable or normal level.
The last thing the book talks about is expert testimony on interrogations and confessions. I think it is important they explain research that documents certain phenomenon. For example, how certain interrogation methods can increase the potential for a false connection. Hopefully with this awareness being brought into the court room in a well-explained and scientifically confident manner it will decrease the number of false confession and convictions of innocent people.
http://www.fbi.gov/about-us/training/sat
I decided to look further into interrogation techniques both legal and illegal. This was the main area that surprised me. I can’t imagine being treated this way by law enforcement. But, I guess if we are living in a world were Primal Fear is not far from reality then police brutality is not that far of a stretch. I looked into military tactics and incidences of using improper techniques to gain information. This site talks about the training that our FBI goes through. This article talks about how suspects are treated humanely but with caution etc.
http://articles.latimes.com/keyword/police-brutality-poland
This article discussed Polish police and cases of extreme brutality. I spent a semester abroad in Poland last year and I heard some seemingly far-fetched stories about police using excessive force. On the one hand this really worried me (even more so when I see how deaths resulted), but on the other hand I found in reassuring that they apparently come out of nowhere and people react when they are present. I didn’t see one fight while I lived in Poland for four months. I’m not saying that police brutality is good, but it is interesting to understand why some countries to not prohibit it.
The introduction to the chapter deals with a case where 5 men confessed to raping a woman. The men were convicted, but in the end, another man confessed that he alone raped the woman. The five were exonerated, but they gave a false confession. Many social scientists are interested in why people give false confessions. What is it about them that makes them want to confess to something that they did not do? People make false confessions for a number of reasons. One may be through coercion by the police. The worst case is that of brutality and torture in order to get a confession. The suspect may be held for a long period of time and be starved or beaten. A person can only take so much before they start to say something. Things can be so bad for that suspect that he or she just wants out, so they confess even though they did not commit the crime. Another reason for giving a false confession, is that the person may actually start to think that they committed the crime. The way the police are interrogating the suspect and the questions they ask may put the idea that they might have committed the crime in their head. They internalize it and think that it was possible that they did it. This is awful. I can't imagine knowing that I did not commit a crime, but after talking to the police and being questioned, being led to believe that I did do it. There is a lot of psychological processes that go on when that happens. I thought it was interesting when the chapter talked about jurors and how they have trouble ignoring a confession even when it was coerced. The judge can tell them to disregard it, but they can not get it out of their heads. The chapter related this to the fundamental attribution error, a common term in the area of psychology. This theory states that we have a tendency to attribute people's behavior to certain disposition characteristics and dismiss the situation in which it occurred.
I do not understand why so many people (80%) waive their Miranda Rights. We have them for a reason, to protect us. We talked in class about always demanding an attorney, even if you are innocent. The reason for this is so there is no coercion going on. Even if you are innocent, they police can still question you and use anything you say against you. People often think that when you ask for an attorney it means your guilty. After reading this chapter and discussing it in class, I think it is worth that little bit of discomfort if it will save you years of incarceration for something that you did not do.
I was shocked when I read the story of Thomas Sawyer. Here is a man who did not do anything wrong, but because he had severe social anxiety, the police became suspicious of him. He went in and tried to help the police but they eventually told him he was the main suspect for murder and rape. He denied it at first, but he was interrogated for 16 hours. During these 16 hours, the police told him lies, such as he failed a polygraph test, and that his DNA and hair samples were matches to what was found on the body. During his time spent with the police doing what he thought was helping them, he uncovered to them that he was an alcoholic. The police used this against him and said that he had probably had a blackout when he committed the crimes. The police managed to change and influence his memory and made him actually think he did it, so he confessed. I have a hard time understanding why lying to a suspect is legal. If the police know that footprints or anything else didn't match, why would they worry about him or her. They should re-devote their time to finding the right person. It just does not seem ethical to me or make much sense when things do not lineup. If they are lying about evidence, the victim doesn't really get justice and the bad guy is still out there.
I wanted to look my into different countries laws about police lying to suspects in order to get a confession. I looked at a website that discussed the Police and Criminal Evidence Act. Our textbook discusses this as making it illegal to trick suspects or lie about evidence that they do not have in order to get a confession. This act has taken place in Wales and England. In the United States, however, it is legal to trick or lie to the suspects to get a confession. The website I looked at said that under this act, the confession has to be thrown out, but any hints or facts that are discovered through the confession are still able to be used. This makes sense to me, but then again it doesn’t. If the suspect is actually innocent, I can understand that the facts produced through lying may be used. But then again, if the suspect is actually guilty, it will lead right back to them, but it was obtained illegally. This part confuses me.
http://www.cps.gov.uk/legal/a_to_c/confession_and_breaches_of_police_and_criminal_evidence_act/
This chapter discussed how police use different tactics in interrogations to get a confession out of a suspect. I found it surprising that 68 percent of the time police can get an elicit self-incriminating statement from a suspect during an interrogation. Confessions are so important to police because it will speed up the investigation and trial, plus it is almost a guarenteed conviction for the prosecutors. Studies have shown that confessions are the most incriminating evidence. Just knowing a suspect confessed is so powerful in determining a jurys verdict. It known that a jury who KNOWS the confession was clearly coerced are still more likely to vote guilty on the verdict. This can somewhat be explained by the fundamental attribtuion error, which is when a person will dismiss the situational pressures acting on a person.
Interrogation has evolved for many years. Police use to be able to use torture or pyshical abuse that leaves no marks, but now they can only use psychological means to get a confession. Physical abuse is obvious, hitting, beating, etc. These became prohibited in the 1930s. The abuse without leaving marks could be restricting food supply, bathroom priviledges, or putting them in isolation. Police would drag women by their hair, hold people from their toes, and even put their heads into toilets almost to the point of drowning. Now since the 1960s, judeges will rule the confession inadmissible if the suspect had gone through abuse, food or sleep deprivation, or so on. Another important part of interrogations are to make sure the suspects are read their Miranda Rights. Once they hear these it gives police the right to use anything they say against them. This is why I find it so hard to believe that only 20 percent of people actually take advantage of these rights. People waive their rights for different reasons:they just want to help the police or they don't want to appear guilty. To avoid admitting coerced confessions into trial judges are asked to look at the totality of circumstances. This often leads to a "swearing contest" in which the police often win.
Techniques like the good cop-bad cop are still used. Almost everybody has seen this technique in movies. This is a highly effective technique that usually gets a confession. The Reid technique is also used. This technique relies on loss of control, social isolation, certainty of guilt, and exculpatory scenarios. There are nine steps to the reid technique. Loss of control makes the suspect more vulnerable to the interrogation. Social Isolation also make the suspect feel more alone. Then police accuse the suspect of the crime, and they deny any of the suspects pleas that they are not guilty. This is when police might make evidence ploys, claiming they have evidence they don't actually have. Lastly police use exculpatory scenarios, this makes the suspect think the judge or jury are going to be more lenient with them. This is when the police place the blame on someone other than the suspect.
I find it surprising the police use techniques to make an innocent person confess to a crime they did not committ. This is what happened to Thomas Sawyer. It is impossible to know how many false confessions are made each year. 25 percent of wrongful convictions are based on false confessions. Police use the suspect's weaknesses and vulnerability against them in an interrogation. There are four types of false confession: Instramental-coerced false confessions (this is when the suspect confesses just to end the interrogation), instrumental-voluntary false confession (this is to protect someone else or for publicity), authenic-coerced false confession (suspect becomes persuaded they actually committed the crime) , and authentic-voluntary false confession (this is when the suspect has a mental illness).
Although police are allowed to lie about evidence, the Police and Criminal Evidence Act made it illegal to trick suspects or lie about evidence in hopes of getting a confession. Even with this in act false interrogations are still a problem. A few ways to reduce false confessions is to record the interrogation, put a time limit on the interrogation, give a youth suspect an "appropriate adult" during an interrogation, and provide an expert testimony about the confession or the interrogation process used to obtain the confession. By using all of these steps I believe it could reduce the number of false confessions.
The only part that really debunked what I thought about interrogations was that I never knew how much police coerced suspects in an interrogation to get a confession. I knew police tried intimidate suspects during interrogations by raising their voice or getting in there face. I was just surprised by the high number of false confessions each year. What I found interesting and wanted to learn more about was the appropriate adults assigned to vulnerable suspect, like a child, to be there while they are being interrogated. After looking over a website I found that even though appropriate adults do not intervene much in the police's interrogation, just their presence their helps the vulnerable suspect. It said appropriate adults have three effect. The first only helps with adults, but it said appropriate adults will help them increase their chances of asking for council. The second effect is that an appropriate adult present will help lower the interrogative pressure during questioning. The third effect is when there is an appropriate adult available the suspect's legal representative tries to take a more active role. Overall, I think appropriate adults are a good idea to be used when the suspect seems to be too vulnerable to go through the interrogation process alone.
http://onlinelibrary.wiley.com/doi/10.1348/135532503322363022/abstract?systemMessage=Wiley+Online+Library+will+be+disrupted+3+Mar+from+10-13+GMT+for+monthly+maintenance
Chapter two from the textbook was very interesting and surprising at the same time. This chapter was all about interrogations and confessions. Interrogations are about of the job for law enforcement. It is their job to try to find the perpetrator of a crime. Once they found who they believe committed the act is when interrogations begin. The ultimate goal here is to get a confession which is a very powerful thing to have when it comes trial time. This defiantly is not an easy thing for law enforcement to do though as it can be a long drawn out process. People being interrogated know they may be in trouble so they will deny everything the officers are accusing them of doing. It is the officer’s job to get the confession and this is where I began to be a little surprised.
After reading about some of the techniques and ways officers go about the interrogations process kind of shocked me. I found out that during the interrogations officers can lie about the evidence, take advantage of emotions or beliefs and finally not inform the person in custody with important facts. The interrogation process I as I have read it is a really intimidating situation to be in. Officers may use pure intimidation to try to scare people into a confession. I never really thought interrogations were this way. I mean I know they weren’t going to be a nice comfortable environment but I didn’t know they were sometimes to this extent this intense. This intense scene can go on for long periods of time as there are limited time restrictions on interrogations. Being stuck in this kind of environment for long periods of time could drive someone crazy and the book kind of alludes to this idea.
In this chapter it talks about false confessions. The problem with false confessions is obvious, the wrong persons confessed to the crime and the offender is still out roaming the streets. This intense situation of asking questions and telling people they did something can lead to these wrongful confessions. Interestingly the book discussed four different types of wrongful convictions. The first I want to talk about kind of gives name to what I have been talking about. I read about authentic-coerced false confession which involves long and intense interrogations and a suspect become convinced he or she did the crime. This is crazy to think about how you could come to believe you did something you actually didn’t do, but in thinking about it I can see how this could happen if they are using all of these different interrogational techniques. The second false confession they talk about is mental-coerced false confessions. Here there is a long and intense interrogation and suspects confess to crimes they know they didn’t do. Maybe they were just completely wore out from the process and just gave in to get out of there. The third one was instrumental-voluntary false confession. It is here where suspects knowingly confess they know they didn’t do to achieve some goal. The book gave the example of a gang member giving himself up to protect the identity of a higher rank member in the gang. Finally the book talked about authentic-voluntary false confession. This type of confession occurs when someone suffering from delusions to confess to a crime with little or no pressure from the interrogator. This often occurs with mentally handicapped people or in high profile cases. There is definitely a lot of social psychology going in the process of interrogations.
In reading this chapter I found myself wanting to learn more about how often these confessions occur. The link below was very informative as it brought me to a research article on the very topic of my interest. This study was done by getting participants who were admitted to Icelandic Prisons over a one year span. In all, the study had 229 participants. In looking at false confessions the study found that 12% of the 229 participants falsely confessed. It found that women were more likely to falsely confess than men. The majority of false confessions were to protect somebody else. This to me put this whole thing into perspective. You never really think about things like this happening but 27 people did this in this study. To add on, this was only 229 people being sampled. There a millions of inmates in our prison system and it makes me wonder how many more false confessions there are.
http://www.tandfonline.com/doi/abs/10.1080/10683169408411933#preview
Summarize the chapter. Did you learn anything surprising? Were any of your own ideas about interrogations/confessions debunked by reading this chapter? What is something you want to learn more about? Search on that topic and report on some additional information about that topic. Provide any links to resources.
In the interrogations and confessions chapter, the different techniques on interrorgations are discussed as well as the types of confessions that can be made. The first discussion that comes up is how interrogation techniques have evolved. Police used to be allowed to use torture methods to get a confession, something that in 1931 came to the surface. Eventually, confessions that were forced upon suspects from police brutality were ruled inadmissible in court. The legal decisions that excluded physical abuse from being used in interrogations lead to police turning to psychological abuse. Things such as food or sleep deprivation, threats of violence, or promises of lenient sentences or immunity became popular. In 1966, the Miranda rights required police to inform all suspects of their legal rights.
Different interrorgation styles today include the good cop-bad cop tag team effort to make the suspect trust one officer while fearing the other, or the Reid technique, which is a step-by-step procedure used.
Unfortunately, even though we'd like to believe once a confession is produced that is the end of a case, that isn't always true. In 2010, the innocence project revealed that almost 25% of wrongful convictions stem from false confessions. These being instrumental-coerced, when after a long or intense interrogation the suspect finally confesses just to be done with it. An instrumental-voluntary, when the suspect knowingly implicates themselves so they can gain some sort of attention from the police or media. It may also be to protect the actual perpetrator that that person knows well and doesn't want to see get caught. Lastly there is authentic-coerced, which is when the person starts to convince themselves they may very well have commmitted this crime they're being accused of, even though they really are innocent.
There have been a few things set in place to solve this problem of false confessions. One method is video-taping interrogations so we can be sure the person was not coerced into confessing. Another idea that has been thrown around is having a time-limit on interrogations. Another is that juveniles should be provided with an adult during questioning since they are more likely than any suspect to not be completely aware of what is going on.
What surprised me the most was reading about the things that officers are allowed to do like lie to the suspect or create doubt in their head about them being able to get off even though evidence has already proved they did not do the crime. It would certainly make a person who really is innocent very nervous indeed, and I can see why a person should always have a lawyer present, since they could easily incriminate themselves otherwise. That is another thing I learned from this chapter that I before thought would automatically incriminate a person. Before, on TV shows and such, they always made asking for a lawyer look like that meant the person was guilty. Now, I see that it is a smart defense mechanism so you can escape being prosecuted for something you did not do.
This link talks about how police interrogations work today and the methods the police use inside the interview room that weren't mentioned in the book. Some neat layouts are even provided of how a room might be set up.
http://people.howstuffworks.com/police-interrogation1.htm
This next one I found interesting as well. It lists the most common lies officers will tell suspects to try to get them to talk.
http://www.lawcollective.org/article.php?id=55
I thought this last one was helpful because it breaks down everything about being arrested and what happens and tells you anything you would need to know if it should ever happen.
http://www.justia.com/criminal/docs/arrest-interrogation-faq.html
Chapter 2 begins by giving us a detailed account of what happened to Trisha Meili. Meili was brutally beaten and raped in New York City's Central Park. Five boys confessed to the crime, leaving investigators thinking that the case had been solved. When Matias Reyes eventually admitted to the rape and beating, investigators soon learned that the confessions from the boys had been false. I was extremely disturbed by the fact that the initial suspects had been given such light prison terms for such a brutal offense that to this day has affected the victim both physically and mentally (Meili still having balance, hearing, and memory problems). It is also perplexing that 5 boys would want others to believe they had committed an act so heinous, especially when perpetrators of such acts are punished in similar ways upon entering the prison system(by other inmates). Rapists are the lowest form of human being even in the eyes of many murderers and thieves.
The main goal of police in questioning a suspect is obtaining a confession. I found it very interesting that such a high percentage make full confessions when being interrogated by police. This speaks to the power of the techniques interrogators use.
The power of a confession is also such that it puts the suspect on a "fast track to conviction" (31). This left me even more mystified as to how police are able to convince suspects to falsely confess. I was glad to hear, however, that jurors are often able to tell when confessions are false as indicated in the experiments noted on pages 31 & 32. I definitely see a problem in today's society with fundamental attribution error. Too often people judge a book by its cover. I can only hope that society can begin to realize that by intimidating those they believe to be guilty, they may in fact end up leaving the perpetrator on the streets while locking up an innocent. The author states something I have always believed to be a major problem in criminal defense. If a prosecutor chooses to present unauthorized material or say something he is not allowed to say in front of a jury (such as revealing findings in a lie detector test for lack of a better example), whether permissable by the judge or not, will still weigh heavy on the juror's minds. You cannot unpresent or unsay something. I'm torn between whether we should institue penalties for prosecutors who circumvent the rules in order to benefit their cases. On one hand, often times the material that cannot be shown is critical to the prosecution's case. On the other hand, if a polygraph test for example was poorly administered, the findings would mean squat.
The book then moves on to the evolution of interrogation techniques. What I found most interesting here is the extreme shift in means of coersion in such a short period of history. Within 70 years, we moved from beating people up to purely psychological means. The reason for the shift can be attributed to many things, the first being the introduction to the public of The Report on Lawlessness in Law Enforcement. This report made the nation realize just how bad police were abusing their positions of power. When law enforcement realized that they could no longer pummel confessions out of people they depended on some rather unusual forms of "covert brutality". I found the most unusual thing here to be shoving a person's head into a dead body in the morgue. That would literally make me sick to my stomach. I also thought the phone book technique was rather interesting -- so interesting that I had my brother do it to me. It hurts. After 1961, the legal system ruled that confessions would be inadmissable if they were physically coerced. As a result, police then began to utilize psychology as a means of obtaining confessions.
The Miranda rights are discussed as having four parts, all which I have heard a million times on television. Something that I found fascinating was that "only 20% of suspects in police custody choose to exercise their Miranda rights" (33). It's incredible that anyone would speak to the police without an attorney present. However, I think it is entirely possible that drugs, alcohol, or state of mind would influence the decision to exercise one's rights. For this reason, we need to also pay attention to these factors as well in the confession process as well.
The next section deals with the inside of the modern interrogation room. Immediately, I was drawn in by the author's explanation of the good cop/bad cop routine that we so often see in movies such as Tango & Cash, Lethal Weapon, & Other Guys to name a few. I'm not so sure how effective this method would be in this day and age, when many criminals may know just what it is the police are trying to do. Loss of control is described as a building block of interrogation. When the suspect feels as though they have lost control of the situation, studies have indicated that loss of control "leads the suspect to feel vulnerable, anxious, and off-balance" (36). The next process of interrogation is social isolation. Suspects are interrogated alone as to deprive them of any emotional support and control of the situation. The third strategy is certainty of guilt. Here an officer will give have a dismissive demeanor and use mannerisms and dialogue that already declare the suspect as guilty. The fourth strategy involves putting together exculpatory scenarios. By suggesting to a suspect that the crime they committed was accidental or involuntary, police are actually trying to extract a confession.
False confessions are a much bigger problem than I would have ever thought. The case of Thomas Sawyer is interesting in that police effectively made the man believe he did something that he did not do. The only reason I can think of (even after all the tainted evidence presented by the police) that Sawyer would have confessed was because he may believe he blacked out during one of his alcohol-induced stupors or perhaps he is just incredibly stupid. There are four types of false confessions. The instrumental-coerced false confession happens when a long interrogation process ends in a false confession as a result of the suspect thinking that confessing to the crime is the only way out. The instrumental-voluntary confession happens when suspects will lie about committing a crime in order to protect someone/something or simply to accomplish another kind of goal. An authentic-coerced false confession occurs when someone such as Thomas Sawyer confesses to a crime due to interrogation techniques that are meant to convice the suspect he/she is indeed guilty. Lastly, the authentic-voluntary false confession is when someone with mental problems falsely confesses to a crime.
In the next section, I was surprised to learn that all interviews with suspects at police stations are to be recorded. I knew that they were recorded if they were to benefit the police, but I did not know that it was required no matter what. Then again, it is noted that the interrogation itself can be taken outside closed doors. Police will simply bypass the recording rule by having "off-the-record" conversations in these locations.
I like the idea of video recording for interrogation. The only problem here is that the police are the ones who have access to the video, so it is not impossible to think that a crooked cop could alter a tape. The most interesting part of the entire reading would have to be when the author mentions that after long interrogation process, selected video clips shown to the jury are often-times not shown in their entirety. It doesn't take a genius to figure out that cops are only going to present favorable video and will not be showing the 2 hours or psychological abuse that may or may not have taken place. The interesting part is that the "exhaustion and lack of expressiveness due to the long confession process may lead jurors to think the defendant is cold and remorseless (45).
The author then goes on to discuss whether or not there should be time limits on interrogations. I agree with Costanzo and Leo that four hours is more than enough time for a competent interrogator to accomplish his goal. I also agree with the author that both juveniles and the mentally impaired should be allowed some form of adult supervision who would be working for the child's best interests. I am very shy about whether or not to endorse expert testimony. In Tango & Cash, the expert testimony was all falsified (not real, but possible). There is also the question as to who qualifies as an expert in a given field. Do you have to be a doctor? Do research? On the other hand, expert testimony can be useful in helping jurors understand otherwise-foreign concepts and the like.
I wanted to learn more about the Thomas Sawyer case and I managed to find out something rather important as to why he confessed. He states in this article that the investigators told him they would be seeking the death penalty. Now I can see why Thomas may have convinced himself into believing it's POSSIBLE he blacked out and he does not want to die if that is the case. Also Thomas was lead to believe and admitted to performing vaginal and anal sex on the victim even though the medical examiner could find no such evidence of such.
http://www.cbsnews.com/stories/2000/04/13/48hours/main183654.shtml
http://www.victimsofthestate.org/CC/IC.htm
Chapter two discussed interrogations and confessions. The chapter opened up by discussing the power of a confession. Police prefer confessions to other types of evidence because confessions save time. If a confession is made, a trial can usually be avoided. If a suspect confesses to a crime, a majority of the time the jury will convict the person.
There has been an evolution of interrogation techniques. Prior to the 1930’s beatings were frequently used. I was really shocked by the methods that had been used at this time. The book describes that interrogators could burn the skin with cigarettes, twist a man’s testicles, or drag/lift a woman by her hair. A report was publicized that told of this treatment. Due to this report, methods changed to abuse that did not leave physical evidence. This included nearly drowning someone in a toilet, stacking phone books on someone’s head and hitting the pile with a nightstick, or have their faces pressed against a dead body at a morgue. Sleep deprivation was also a common method. Techniques changed once again to more psychological forms of coercion. These types of techniques include creating a fake lineup and tell the suspect that they had been chosen, or by telling them that a murder victim recovered enough to identify them.
Not surprisingly, interrogation techniques have led to a problem with false confessions. The book gives an example of a golf course groundskeeper whose memory is altered by an interrogation. By the end of the interrogation, he believes that he committed the crime, and he can incorporate details into his confession. It is impossible to know how many false confessions occur each year. Many people are convicted just because they confess to the crime. Vulnerability may be a reason that false confessions occur. If a suspect is vulnerable, the techniques may be too powerful for them to deny.
There are four types of false confessions. One is instrumental-coerced false confessions. This is the most common type. This occurs when suspects believe that the only way for the interrogation to end is to confess. Instrumental-voluntary false confessions occur when someone knows they did not commit the crime, but they admit to it to achieve a goal. Authentic-coerced false confessions are where the suspect becomes convinced that they may have committed the crime. Authentic-voluntary false confession is when someone suffering from delusions confesses to the crime.
Some suggestions were also suggested as potential solutions to false confessions. These solutions include video recording interrogations, placing time limits on interrogations, and using expert testimony in cases involving interrogations and confessions that are disputed.
The most surprising thing that I read involved the evolution of interrogation techniques. I found it incredible that these measures were taken to force someone to confess to a crime that they did or did not commit. I found a lot of psychology as I was reading this chapter. One of the most obvious and common types was social psychology. This is involved in the sense that an interrogation can lead someone can believe that they committed a crime that they really did not. One aspect that somewhat “debunked” my ideas prior to the reading was the complexity of the good cop bad cop technique. I assumed one cop was just overly nice and one was overly mean and rude. It was interesting to learn that there are basic influence strategies, as well as nine steps to the Reid technique interrogation. I found it really interesting that 80% of suspects waive their Miranda rights, so this is what I chose to learn more about.
http://www.innocenceproject.org/docs/Why_People_Waive_Miranda.pdf
A study shows a variety of reasons for waiving one’s Miranda rights. One example is so the detective would not assume they were guilty because they would not comply to an interrogation. It is also done because the suspects feel that they are innocent and don’t have anything to hide or worry about. Suspects who did not have a prior criminal record were more likely to waive their rights than those who had been convicted before. The study showed that people who were innocent felt as though that was enough to get them through the interrogation.
http://criminal.findlaw.com/criminal-rights/waiving-miranda-rights.html
This site says that before a suspect can waive their Miranda rights, they have to first be informed of their rights, and understanding them. If a suspect is choosing to waive their rights, they should state or sign something stating that they want to waive the right to remain silent and the right to an attorney present. This shows that the suspect is behaving in a way that shows they know and voluntarily waive their Miranda rights.
http://www.kanslaw.com/know-your-miranda-rights.html
When waiving one’s rights, any statement given to police at that time will be admitted into the case against you. There is certain information that must be given to police. If you say something about what has happened or confess to a crime if you haven’t been read the Miranda rights, they it usually cannot be used as evidence against you in a court of law. If the police can show that they would have been able to reach the same verdict through evidence in another way, they can use the statement.
Chapter 2 discusses how interrogation is an essential investigation tool but needs to be monitored and analyzed because of false confessions from coercion. The goal of questioning a suspect is to get a confession. Between 39 and 48% of suspects make full confessions when they are interrogated and the police estimates that they can get 68% of suspects to elicit self-incriminating statements. Confessions avoid trials and they are the closest thing to a guaranteed conviction. Confessions are very difficult to discount for a juror even when the confession is false, coerced, or if there is little evidence. This happens because when people analyze another person's behavior we underestimate situational forces like the pressure from being interrogated.
Up until 1931 police used beatings to elicit confessions. After legislation and publicity directed towards the beatings police started to use forms of abuse that left no trace like holding a suspects head underwater or making them stand up for hours on end. This forms of abuse would be used to persuade a suspect into confessing whether they committed the crime or not. Legal decisions have put an end to the abuse and now police use more psychological forms of coercion. Miranda rights allow suspects to remain silent and have the right to an attorney but only 20% of suspects use their Miranda rights. Police can also lie to a suspect to get a confession, these lies include making a phoney lineup and saying that witnesses have identified you the suspect as the perpetrator, telling the suspect that the victim (who is actually dead) identified you as the attacker, have a police officer pose as a prison inmate and offer protection for a confession, and police can hold a suspect without phone calls or visitors for 16 days.
There are four basic influence strategies for interrogation. The first is loss of control which has a key goal of removing psychological comfort of familiar surroundings and to talk in blunt ways so the suspect has no control of the situation. Social isolation is self explanatory, suspects are interrogated alone to deprive them of emotional support. Certainty of guilt is a strategy where interrogators directly accuse the suspect of committing the crime. Another influence strategy constructs exculpatory scenarios which shift the blame off the suspect to someone else. These scenarios suggest justifiable motives for committing the crime.
Many false confessions are because of vulnerable people being involved in a high pressure situation like an interrogation room. If someone is suspected of committing the crime their vulnerabilities are going to be exploited by the interrogator. Youths are the most vulnerable people when it comes to false confessions, 32% of false confessions are given by people under 18.
There are four types of false confessions that the book discusses. Instrumental confessions achieve a goal or are a means to an end of an aversive interrogation. Authentic false confessions are those where the confessor actually believes they committed the crime when in all reality they did not. Coerced false confessions are those where the suspect confesses as a result of intense psychological pressure. The last type is voluntary false confessions which could be the result of a mentally ill person confessing.
I found it surprising that England and Wales have more restrictions for police behavior during interrogations than the United States does. It was most surprising that the number of admissions of guilt is not lower than it was when they could lie to suspects about evidence. However the chapter does discuss the possibility that they lying tactics still occur just off the record.
I wanted to learn more about how Thomas Sawyer and how he falsely confessed to raping and strangling his neighbor. He was interrogated for 16 hours and received numerous threats. The interrogators led Sawyer to confess to sexually assaulting the victim but the medical examiner found no evidence of sexual assault.
http://www.victimsofthestate.org/CC/IC.htm
Police have a job to apprehend criminals and get them convicted. While interrogation techniques have changed a lot over the years, police officers will still do anything within their means and the constrictions of the law to get a confession out of someone. Confessions are preferred types of evidence for many reasons. They speed up the process of gathering and analyzing other evidence and they help secure conviction.
Individuals respond differently under the pressure of interrogation. In attempts to get a confession out of a stubborn suspect, police used to use various types of physical violence. Since then, after government intervention, they then moved efforts over to the side of abuse that wouldn’t leave physical evidence and have since sophisticated techniques even more to include psychological persuasion.
Back in the early 1900s and before then, police used pure brute force and abuse in interrogations to get information. After 1931, however, they resorted to only abusing suspects in ways that would leave no trace such as forcing them to stand up for long hours at a time or having their face forced onto a dead body. Starting in 1961, any information achieved by means such as those previously listed became considered to be coercion and not usable at trial. In current times, a suspect or person taken into custody must be informed of his/her Miranda rights, or else anything they say cannot be used in trial. Juries may also sometimes be asked to consider the circumstances of the interrogation which led up to a confession to see if there was any coercion involved in the process. The approach of good cop/bad cop is used in interrogations along with the Reid technique, which is a nine step process to aid the steps of interrogation. As each step of the process proceeds, it seems as though the means for trying to get a confession become a bit more intense. Beginning with cops acting as though they understand that the suspect only committed the crime because they lost control, the process then advises leaving the suspect alone for awhile before escalating to the cops telling the suspect that they are sure of his/her guilt and before finally creating circumstances that would make the crime more acceptable such as self defense. The main problem with confessions is that people give false confessions often. In doing so, some people give a false confession to sacrifice themselves for the benefit of another person, or they simply succumbed to police pressure and influence and saw no other way out. Sometimes suspects may also begin to believe that they committed a crime because they were incapacitated at the time and though they may not remember it, the police set up the scenario in a way that makes complete sense.
The question of whether police should be allowed to lie is something that I think is a very heavy consideration with pros and cons on each end. Presenting or alluding to false evidence may lead a suspect to truthfully confess because he/she realizes that it’s over and the police have proof. Conversely, this may lead a suspect to falsely confess because he/she doesn’t know how to combat the police’s offense. In order to prevent or limit coercion, video recording can be a useful tool. It can be showed to juries to let them decide if a confession was coerced. The bad part about the video recording, however, is that the perspective of the camera along with the parts of the interrogation shown can mislead jurors and others who view it. It seems as though it would be very easy to doctor a recording at trial and only show what you wanted the jury to see. If this doesn't occur, sometimes investigators fail to record the confession until after the suspect has told it a few times and has the kinks in the story straightened out.
I think that limitations and guidelines for interrogations should constantly be reviewed and updated so that innocent people are protected from the harsher, less just side of the law. From everything we've read, it seems as though it could be fairly easy to accidentally damn yourself simply be saying a damaging statement because you foolishly waived your Miranda rights. While our justice system has come a long way, the constant improvements that need to be made will never be done and the system can never be perfect.
I was surprised that police are actually allowed to lie about evidence. I thought that this was something that only happened on t.v. shows and in movies when they exaggerate everything. I can understand why they might do it in some situations, but if it were me, I would freak out (presuming I was innocent). I can't even imaging the effect this would have on my psyche and ability to process information and respond to their claims. I could definitely see myself simply shutting down. The effects of this experience would probably haunt me forever. I had always imagined that being interrogated would be intense, but I never could have guessed how it can take such an extreme toll on someone psychologically that it leads them to confess to something they did not do.
I decided to learn more about the prevention of false confessions.
http://www.apa.org/monitor/sep06/confessions.aspx : This website reinforced a lot of what the books said about why false confessions occur. It focused a lot on people waving their Miranda rights often due to lack of intelligence and age. It also noted that 65% of kids in juvenile detention facilities have mental disorders and this is not always correctly recognized as a vulnerability.
http://www.trutv.com/library/crime/notorious_murders/not_guilty/coerced_confessions/3.html : This site talks about how important it is to train police in proper interrogation techniques. I think this is equally important as it is with questioning eyewitnesses. I think police should be mandated to undergo training for both types of interrogation so as to not confuse the respective person being questioned. This site also reinforces the ideas behind taping interrogations, another thing that I think should be mandated to be done from the moment questioning begins.
Ch. 2: Interrogations and Confessions
Right away, the story at the beginning of this chapter grabs my attention The events of the case were brutal and sad but what I found most disturbing were the confessions given by 5 innocent people. The script that outlines one of the convicted boys’ confession sounds extremely believable. It is amazing that an individual can be coerced to confess to such a horrible crime and on top of that, that they are able to create such a detailed story about a crime they didn’t commit. It was very interesting to read further and understand just how persuasive interrogation techniques can be in extracting confessions.
It is important for police to find criminals and gather evidence, however it is the leads and evidence discovered through the questioning of witnesses and suspects that usually leads to a conviction. If police believe you are responsible for a crime they will do their best to get a confession out of you. I was surprised at just how many interrogations lead to a confession, which is somewhere between 39% and 48%. I would have though that people are more likely to make damaging statements, but that occurs only in 13% to 16% of the cases. I understand why confessions would be very useful for a police officer. Once a confession is dictated/written down they can spend their time and their resources somewhere else. When there is a confession it basically means their work is done on this case. Similarly prosecuting attorneys are very pleased when a confession is extracted because it gives them the best chance at securing a conviction! A confession is a very powerful piece of evidence. In fact, many studies have proven that a confession led to the highest rate of convictions. This is slightly above that of eyewitness testimony, which is also very persuasive. It doesn’t even matter what type of crime that is involved in the trial.
It was interesting to read about the evolution of interrogations techniques used by the police. These techniques have come a long way but don’t seem to be less effective. The first techniques used were violence and torture. Physical abuse such as beating was replaced with more covert forms of torture, which did not leave any physical evidence. A number of legal decisions caused police to turn to psychological forms of coercion, which is mainly used today. In fact, if physical force, isolation or deprivation of any kind is present within an interrogation, evidence is most likely going to be ruled out. Examples of psychological techniques are: good cop-bad cop, and the 9 steps of interrogation called the Reid technique. The Miranda rights, which now must be read so that all suspects or people held in custody know their rights, are an important when it comes to interrogations. I found it extremely surprising that 80% or people wave these rights. They probably think that they know what they are doing and won’t fall for tricks officers try pulling on them. This chapter really proves that it is important to wait for an attorney before talking to police no matter whether you are or are not guilty.
At the end of the chapter the authors discuss potential solutions to the false confessions. Despite the increase in investigative technology and improved DNA collection, evidence collected form interrogations are always going to be highly important in an investigation. The first solution brought up was video recording interrogations. The video allows jurors to see for themselves just how much coercion took place during the interrogation. This solution has gradually been spreading across the US especially in serious criminal cases. I think that this sounds like a very effective solution to the problem.
I found the different techniques used throughout the history of interrogation to be interesting. A lot of the techniques such as torture and good cop versus bad cop I though were only used on TV. It’s hard to believe that such force and trickery is present in interrogations. I decided to look into this further …
I found a short abstract from a Times article that was written in 1925. In the abstract it discusses a bill that was passed by then Governor Billings of Vermont. The signed bill stated that the third degree should not be administered to a suspect until they have the opportunity to consult counsel. The bill also mandated that a copy of this new statute be posted in all penal institutions so that prisoners are aware of their rights. This article is a good example of the criticism given my historically used interrogation techniques.
http://www.time.com/time/magazine/article/0,9171,881465,00.html
Chapter 2 is about interrogations and how law enforcement officials use different styles of interrogations in different types of situations. It also discusses what cannot be done in the interrogation room as well. Well what cannot be done today in the interrogation room anyways like for instance beating a suspect for a confession or depriving them of food or drink for extended periods of time to get the results wanted. The different types of confessions discussed in the chapter are Voluntary, Coerced-compliant, and Coerced-internalized. The main thing that I picked up from the reading is if I am ever in an interrogation room, I will not be there without legal counsel.
The most surprising thing that I learned from this chapter is the amount of people that say the committed an act when the actually didn't! I guess I just thought if you were innocent that you (you being anyone) would do everything you could to prove it and never admit to anything that you weren't guilty of. I didn't know that law enforcement still tried to coerce people into making a confession this was very surprising to me because i am a criminology major and this is the first time that i have heard about it. This surprises me in the fact that i know if i were interrogating someone i wouldn't try to force a confession unless i was sure they were the one who committed the offense. Just for the simple reason that I wouldn't want to start back over from square one again when they are acquitted in the court of law.
One that that really interested me is that I thought that in today's world that all interrogations were video taped or had an audio recording. if this is true then before a case even gets to trial it should be able to be determined if the the confession given was coerced in anyway. So I'm going to look up the laws on recording interrogations and see what it has to says. After looking around I was able to find a website that pretty much states exactly what I stated earlier; it even gives some example of how lives could have been changed or should i say stay the same instead of incarcerated for a crime they did not commit.
http://www.innocenceproject.org/fix/False
Confessions.php
Chapter two is all about interrogations and confessions. The reading starts out by telling the story of Trisha Meili who was jogging in Central Park then raped and beaten brutally. Police interrogated a group of boys who had harassed others. The five boys confessed and were sentenced five to fifteen years in prison. After more than a decade, a different prison inmate came forward and confessed to the rape/murder of the jogger. DNA evidence matched and the five boys were exonerated. Confessions are seen as the most powerful evidence. It is the goal of questioning a suspect. Having a confession speeds up the whole process because the suspect will plead guilty and get the conviction. There has been research done that suggests jurors almost always convict someone who has confessed. The research showed that confessions led to convictions 73% of the time with eye witness testimony next with 59%. Another study measuring the coercion level showed that it was hard for jurors to take that into consideration, 62% in the high pressure still found suspect guilty, 50% in low pressure and 19% for the no confession. The fundamental attribution error, tendency to attribute others behavior to traits and personality and ignore the situational pressures, can be used to explain the jurors not being able to discount confessions even if they are false. Judges have the ability to rule a confession inadmissible if it was coerced by police but that rarely happens. Interrogating over the years has become more developed. In the past police would physically abuse suspects with fists, burning them with cigarettes, electric shocks, dragging and lifting women by their hair, and many other forms to get a confession out of them. After 1931 these things would no longer happen, now they would use different kinds of abuse that didn't leave a physical trace for example holding suspects head in a toilet until near drowning, hanging them upside down out of high windows, making them press their bodies against dead bodies in the morgue, and many other forms. This would be combined with isolations, depravation, and intimidation. In 1961 police strayed away from these forms and to a more psychological approach of coercion. Suspects now must be read their Miranda rights so they know their constitutional rights to remain silent and have an attorney during questioning. Most people choose to waive these rights and do not have an attorney during interrogations. This was surprising to me because innocent or not you should protect yourself just to be safe even if it does make you look bad at first. Judges must evaluate the totality of the circumstances to determine the voluntariness of the defendants confession. But in swearing contests situations the police will usually win and the confession will be admitted in court. There are different approaches to the interrogation process nowadays. There is good cop-bad cop where two investigators will work together to hopefully get a confession with the god cop. The Reid technique is a step by step procedure which captures the general flow. Within these steps there are four influence strategies. The first is loss of control is key to making the suspects feel vulnerable and anxious. The interrogator is controlling everything from the conversation to the lighting in the room to the length of the conversation. This removes the psychological comfort of the surrounding environment. The next, social isolation, deprives the suspect of emotional support to minimize contradictory information. Certainty of guilt is when interrogators challenge, cut off and dismiss anything the suspect says and portrays that everyone knows that suspect is guilty and will be convicted. Police can lie to the suspect to make the suspect believe their is evidence linking to them being guilty. The last strategy is exculpatory scenarios, this is shifting the blame onto someone else, onto the circumstances, or defining the act differently. Deflecting the blame leads criminals to believe the consequences won't be as harsh. All of these different techniques to get a confession relate to behavioral psychology which is the study of alterations of people behavior, emotions, thoughts, and actions. Cognitive psychology is also related because cognitive psychology is the study of perception, problem solving, and thinking which can be analyzed when trying to get a confession out of a suspect. The case of Thomas Sawyer is one of false confession along with the boys in the story at the beginning of the chapter. Police eventually lead him to believe that he committed the murder. From the wrongful convictions 25% of them are false confessions. In these 80% is murder and 9% is rape. This suggests DNA exoneration is more likely to be used in violent crimes. Vulnerable people are more likely to have false confessions. Age (under 18), easily dominated, under the influence of drugs, mentally ill, low intelligence, sleep deprived, and submissive to authority are some of the ways a suspect may be vulnerable. There are four different kinds of false confessions: instrumental coerced false confession, instrumental voluntary false confession, authentic coerced false confession, and authentic voluntary false confession. In instrumental coerced confessions the suspect knows they did not commit the crime but they confess to end the interrogation. In instrumental voluntary confessions suspects confess as a way of protecting someone else or to gain notoriety. Authentic coerced confessions are the result of the suspect being convinced through for that time that they committed the crime. Authentic voluntary confessions are by someone who is mentally ill or suffering from delusions that believe they committed the crime. PACE (Police and criminal evidence act) was in acted in England and Wales which makes it illegal to trick and lie to suspects to get a confession. Video recording interrogations could be a solution to false confessions. This would show if there was threats or coercion. Equal focus camera perspective which shows both the interrogator and the suspect is also important if being videotaped. Putting a time limit on interrogations would potentially decrease the risk of a false confession. Also when the suspect is a child an appropriate adult, whether it be a lawyer or a parent, is provided. Providing an expert testimony in court is another way of preventing false confessions. I never knew that police could lie and make up evidence to get a confession out of someone. This seems unfair in some situations because some people are vulnerable and wouldn't know what to do leading to the false confessions. I researched more on false confessions in general and at the site below it has more information about the jogger in New York case in the book and says that the most common reason after the fact is they just wanted to go home. http://www.psychologytoday.com/articles/200304/the-false-confession
Chapter two covers interrogations and confessions. The chapter begins with the story of Trisha Meili. She was raped and beaten after being pulled off a jogging path in Central Park. They police quickly decided that a group of boys seen earlier in the park harassing people were the main suspects. Five out of the six boys interrogated admitted to the rape and beating of Trisha Meili. The biggest piece of incriminating evidence in this case was the confession of the boys. They were all convicted. More than a decade later, Matias Reyes admitted to raping Meili. DNA evidence exonerated the boys, as all of their confessions were false.
The chapter then turns toward the power of a confession. This chapter starts out with a statistic I found to be surprising. The book states "Somewhere between 39% and 48% of suspects make full confessions when interrogated by police and an additional 13% to 16% of suspects make damaging statements or partial admissions (Moston, Stephenson, & Williamson, 1992; Softley, 1980). Police officers estimate that they are able to elicit self incriminating statements for 68% of the suspects the interrogate (Kassin et al., 2007)" (Costanzo and Krauss 31). Confessions hold a lot of power in court. Confessions led to 73% conviction rate. They are considered to be the most incriminating type of evidence and have the most influence on verdicts. The book then moves to explain the effects of the fundamental attribution error.
The book now shifts to the evolution of interrogation techniques. Before 1930, physical abuse was a frequent way to obtain a confession. In 1931, The Report on Lawlessness in Law Enforcement was produced and sparked the attention helped pushed for a reform on the way to achieve confessions. After this report, police began using different ways to still physically abuse suspects without marks. Different forms of deprivations such as sleep, water, food and bathroom we now being introduced. Since 1961, confession obtained by coercion are usually inadmissible. In 1966, the Miranda Rights were introduced. Sadly, only about 20% of suspects in custody exercise their rights.
The next section covers that happens in the modern interrogation room. Today, police rely on psychological techniques to extract confessions. One common technique seen is the good cop-bad cop. Next the book describes the Reid technique, also know as the nine steps of interrogation. This strategy is based on four different strategies combined.
The next section is titled, "The Problem of False Confessions". This section begins by using the real life story of Thomas Sawyer. He was lied to by police, about the results of his polygraph test. They convinced him that his drinking problem could lead to an a blackout during the murder. The also said that a hair found on the victims body matched his. Saywer confessed to a crime he did not commit. Approximately 25% of wrongful convictions are due to false confessions. False confessions are the result of vulnerable people being subjected to the powerful influence tactics used in interrogation. There are several types of confessions. The books describes four types: instrumental-coerced false confessions, instrumental-voluntary false confession, authentic-coerced false confession, and authentic-voluntary false confession.
The book then turns toward the question: should interrogators be allowed to lie? This section talks about PACE or Police and Criminal Evidence Act. This mad it illegal to trick suspects or lie about evidence as a means of inducting suspects to confess in England.
Finally, the book shifts toward potential solutions to the problem of false confessions. It first starts by suggesting video recording of interrogations. It then moves to time limits on interrogations, followed by the "appropriate adult" safeguard for vulnerable suspects. Next it suggests Expert testimony and confessions.
Something I wanted to learn more about was the origin of the Miranda Rights. The origin is most directly traced to Ernesto Miranda. In Mirandav. Arizona 1963 was accused of kidnapping and rape, but the prosecuting attorneys used only his confession to convict him. Later it was decided that the police had used intimidation tactics to get a confession and if Miranda known his rights of counsel and self-incrimination the prosecution would not have been able to secure a conviction. Another case that led to the establishment of the Miranda Rights was Escobedo v. Illinois. In this case, it was established that suspects had right to counsel being present during police questioning or to consult with an attorney before being questioned by police if the police intend to use the answers against the suspect at a trial, or if the person being questioned is being detained and questioned against their will. In 1966, decided that all suspects need to be read their rights upon arrest.
http://www.resource4criminallaw.com/mirandarights.html
http://www.mirandawarning.org/historyofmirandawarning.html
http://crime.about.com/od/police/a/miranda_rights.htm
Chapter two talks about interrogations and confessions. The reading starts out as a true story and it's about Trisha Meili who was jogging through Central Park and was raped and beaten. Five boys were interviewed and questioned. They each answered the questions and confessed to the crime. I found this really interesting because the interrogation techniques are so harsh and can get people to commit to anything even if they are innocent. The chapter talks about how important it is for a suspect to be questioned because that is the initial response to the crime. Once a suspect has confessed to the crime there is no turning back because they already have the confession and will use it to testify against them in court.
I was really surprised to learn that a lot of people who are questioned or interrogated by the police are innocent, they just confess to the crime. The questioning is sometimes harsh and the suspect feels they have no other options so they have to confess. The statistics really surprised me because I didn't think they would be that high. Confessions play a big part in solving the crime because the actual suspect is confessing to committing the crime, so the police automatically think they've caught the person who committed the crime, even though they may be lying in order for them to stop questioning them. I would be scared to be questioned in crime scene. I think it would be difficult because the police don't have to treat them right or do anything to help them with their wellbeing. They just want a confession to the crime.
I also found it very interesting that the police have a lot of different techniques that they use in the present day interrogation room. A lot of police use the technique good cop bad cop. I've seen this in movies where one cop kind of tries to act like they're helping the suspect out while the other one tries to beat it out of them. A lot of the techniques have to do with physical techniques because it scares the suspect and they falsely confess to the crime because they are scared.
I liked the part of the chapter about false confessions. I never knew that the police were allowed to do this in the interrogation room. I figured that every suspect had their rights and the police followed them because it was illegal to lie or to beat it out of them. This part talks about how the police lied to a man about his polygraph test so the man started to believe it, even though it wasn't true. The man ended up committing to a crime he did not commit because the police lied to him and said that they found a hair on the victim that belonged to the suspect when they really didn't and also said that he could have blacked out during the murder. The suspect felt that he had no other way out so he confessed to a crime that he did not commit. People feel that they are cornered into a situation and there is no getting out. Little did I know we do have rights, we just have to demand them as stated earlier today in class. I think that is very wrong and no one should have to serve time in prison for falsely confessing to a crime.
I'd like to learn more about interrogation techniques. Not just the difference between them and how effective they are, but how each one came about and how it is legal for the system to keep doing this to suspects. I don't think it's right that they can confess to a crime and be convicted when there is no evidence and when the suspect didn't really do it because then the real perp is still out there and could be doing it again and getting away with it. Why lock up innocent people and spend the governments money on them when real criminals are still walking about free and nothing is being done about it.
This article talks about different interrogation techniques. It states that many of the techniques are harsh and people don't think it is right.
http://abcnews.go.com/Blotter/Investigation/story?id=1322866#.T02o5XJWqhA
This is an article about how police interrogation works. It can be a good or bad thing sometimes. When they bring in a suspect they can keep them for as long as they want until they get a confession from the suspect. This article also says that many people confess because they feel they have no other options and they can't go back after that.
http://people.howstuffworks.com/police-interrogation.htm
I was excited to read this chapter for two reasons. One, interrogations are probably the most dramatized parts of crime shows and movies besides the actual crime, and two, I was really curious to learn more about false confessions. In the opening story, I was expecting maybe one boy to have falsely confessed, so I was shocked when I read that all five had. It seems crazy to me that the boys could make up stories about how they did it when they all knew they were innocent. The details that Wise gave seemed so real.
The ultimate goal of interrogations is to get a confession out of a suspect. I was surprised by the percentage of interrogations that result in a confession. I guess I just always assumed that most cases involve a plea of not guilty, and go through the whole trial process, but that is obviously not the case. Confessions are the highest regarded piece of evidence, nothing trumps them. All the processes of a lengthy trial can be eliminated. Confession and conviction go almost hand in hand since the jury puts more weight on confessions than any other evidence. Once a confessions has been presented as evidence, it is hard for the jury to put that out of their mind, even given the details about how the confession was extracted- the fundamental attribution error.
The techniques used to interrogate have become more and more restricted over the years. Force, usually a guaranteed way to get something you want from someone, is now regulated heavily. I was sad to learn that it used to be very common to use beating and physical violence to get suspects to confess, especially if that suspect was innocent. Reading about some of the brutal methods they used, like dragging women by the hair, and twisting a man’s testicles was very shocking and made me wonder if some of those police officers were committing crimes themselves. After laws were made protecting the suspects in custody, police used even more bizarre approaches. The test states that most confessions can’t be used if it is attained wrongfully, so this makes me wonder why the police would bother with the brutality.
In addition to the physical violence, police also used psychological manipulation known as coercion. I was really surprised at the number of suspects utilize their Miranda rights. Judging by our discussion in class, it seems as though having an attorney present can make a huge difference in the case. A totality of circumstances test is used to judge how willingly a suspect gave up their confession. Police many different lies in order to get what they want. It seems ridiculous to me that police are allowed to manipulate a potentially innocent person’s mind like that.
Different methods are used to do the actual interrogation. This is where the police try and get inside the suspects head and break them down. One tactic is good cop-bad cop. Two different interrogators are used. One is sympathetic and friendly to the suspect and the other is harsh and mean, meant to rattle them up. The two work together in trying to lure a confession. I thought was kind of odd that the police prefer a certain type of chair in the interrogation room. The detail seems a bit superfluous. The Reid technique is used frequently. There are four different strategies to this technique; loss of control, social isolation, certainty of guilt, and exculpatory scenarios. I was shocked at how much control police like to have over the interrogations, down to the level of lighting. Social isolation seems like a given to me. No one else can be in the room during the process. With the certainty of guilt strategy, interrogators act as though they have no doubt in their mind that the suspect is guilty. It is here that they use the lies mentioned above. In exculpatory scenarios, s police try to convince the suspects that there is some possible way they could have committed the crime.
Even after our discussion in class today, I’m having a hard time wrapping my mind around false confessions. I guess I like to think it would take a lot to make me admit to something I didn’t do, but then again, I have never been in that position. It does make sense that people with conditions such as social anxiety or schizophrenia are likely to be convinced by the police manipulating their thoughts. False confessions are the product coercion, abuse, fatigue, and trickery. It was interesting that the vast majority of wrongful convictions from a study were due to false confessions in murder cases.
There are four different types of false confessions. Instrumental-coerced is when a suspect just wants to get out of interrogation. This is the most common type, and often, confessors are consciously aware that they are in fact innocent. Instrumental-voluntary is when a suspect wants to be found guilty, even though they are innocent. They want to either protect someone else, or want attention for themselves. Authentic coerced is when the suspect is actually convinced, by the end of the interrogation, that they committed the crime. Authentic-voluntary is when the suspect confesses because of a mental illness or they are delusional.
Like I mentioned before, I think that police being allowed to lie about evidence and information in order to get a confession is wrong, but that is just my opinion. I believe that the Police and Criminal Evidence Act was a very good idea, banning manipulation and lying. It is a more just way of handling suspects in interrogation. I also like the fact that all interrogation are audio-recorded and reviewed by professionals and jurors. There are a few different ways to reduce false confessions including using video recordings. This way, jurors can really see the conditions under which the confession was given. Another way is putting a time limit on interrogations in order to avoid fatigue and loss of cognitive ability. Having an “appropriate adult” present for interrogations of children or people of low intelligence is also a solution. Lastly, expert testimony about interrogations and false confessions would help the jury be more educated on the subject, and then make their decision based on that knowledge.
The topic that I found most interesting about this chapter was the techniques that police use in interrogation. The website I found had a lot of the same information as the textbook, so I thought it was a pretty reliable source. I learned a lot about the way an interrogation room is set up to make the suspect uncomfortable and vulnerable. I found it interesting that suspects are supposed to be placed as far away from light switched and thermostats as possible in order to create a feeling of them not being in control.
http://people.howstuffworks.com/police-interrogation1.htm
Chapter 2 has many components to it including: 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, and the use of torture in interrogations. I think this is my favorite chapter in the book. It reminds me a lot of my favorite show Law & Order SVU. The way Elliot and Olivia interrogate the suspects is very similar to the different techniques they mention in the book.
Although confessions are a crucial part of an investigation, only 39% to 48% of suspects actually confess to the alleged crime. There are two huge benefits to obtaining a confession. First, a confession saves time and also leads the police to crucial evidence because the suspect often reveals where things are. Second, a confession is the closest the prosecution can come to getting a guaranteed conviction.
Interrogation techniques go way back. The different types of interrogation methods vary throughout the country. Interrogation has been used to threaten or scare people. It became illegal to used physical force so police would use force that would not leave any marks.
The chapter starts off with a story that involved a women being rapped while on a jogging path. The police interrogated 5 boys for a day and a half and they ended up confessing to the crime. However, they were not guilty but were persuaded into a false confession. The actual rapist was Matias Reyes who was already serving time for four rapes and a murder. Reyes converted to a different religion which triggered him to change his ways and confess to the rape. I can't even imagine what the police said to the five boys in order to get them to a false confession. How could five boys be persuaded or scared into telling the police that they committed a crime that they obviously didn't commit and then serve from five to fifteen years in prison for it?
Reading this chapter made me surprised with how much weight a confession has on a case. Police prefer confessions over other forms of evidence. Confessions save time and resources that could be used on other cases. Also confessions help gather information that could lead to more evidence. Almost all people who confess plead guilty which puts them on a fast track to conviction. Confessions led to a conviction rate of 73% according to Brennan's research. Eye witness testimony which is the next strongest form of evidence has a conviction rate of 59%. People of a mock jury recognized that the high-pressure confession was coerced, and they reported that they disregarded the involuntary confession. Their verdicts however indicated otherwise: in the low-pressure condition, 62% of the jurors found the defendant guilty and in the high-pressure condition, 50% of the jurors voted guilty. In the no confession condition only 19% voted for conviction. This research just goes to show how interrogations could lead to false confessions.
It was very interesting to read about the evolution of interrogation techniques. Interrogation techniques have gone from physical violence known as "the third degree" to purely psychological means of coercion. Prior to the 1930, police used beatings and brutality to extract confessions. The many different forms of abuse used to gather confessions were: beating suspects with fists, gun grips, rubber hoses, and blackjacks. Interrogators also burned their suspects with cigarettes; used electric shocks; twisting of man's testicles; and dragging or lifting female subjects by their hair. Never knew interrogators were able to burn their suspects with cigarettes. What where the suspects granted after they were found innocent but received torture? Obviously interrogation is different now. Imagine how many false confessions were given back then due to the brutal torture they received while being interrogated. When my grandfather was a detective in his era he was the judge and jury when he witnesses or was attempted to stop a crime. He prevented a group of four guys from robbing a bank by clogging the getaway car's exhaust which caused the engine to stop. He then walked up to the driver's side door and shot all four of the men right then and there. He had to go to trial but since his era was different from today he had no problem with being screened as innocent. However today a detective could get in big trouble with the law if something like that would happen today. He also killed 19 people while on duty and his police chief who lived on the same street as him had 4 more kills then him. My grandfather's nick-name was "Two Gun T" His name was Anthony T. Bongiorno.
When I read The Problem of False Confessions portion of the chapter I couldn't help but to be angry. I couldn't believe the police officers asked Thomas Sawyer to participate in solving the crime only to eventually call him out and accuse him of committing the crime. Sawyer suffered from severe social anxiety, and when police questioned him he blushed, fidgeted, avoided eye contact, and began to sweat profusely. Although those seem to be signs of a guilty man the police officers should have asked people who know Sawyer how he acts and what his personality is like before tricking him into confessing. He was interrogated for 16 hours and eventually cracked and believed he was the killer. Which doesn't surprise me because someone who has severe social anxiety was probably overwhelmed by all the questioning and the negative atmosphere in the room. I felt that it was extremely wrong for them to do something like that to someone like Sawyer. 25% of known wrongful convictions involve false confessions. There were 125 proven false confessions mentioned in the chapter and 80% of them were murder cases, another 9% involved rape, and 3% involved arson. It's hard to think about how many false confession cases that haven't been proven wrong. According to the statistics there are people serving time in jail for something they haven't even done. The types of false confessions are: Instrumental-coerced false confessions, Instrumental-voluntary false confessions, authentic-coerced false confession and authentic-voluntary false confession.
This was an interesting chapter on how to distinguish between true and false confessions.
http://www.aele.org/false-confessions.pdf
This article includes research and various stories on false confessions.
http://www.fd.org/pdf_lib/Coerced%20False%20Confessions.pdf
Chapter 2: Interrogations and Confessions
This chapter was full of very interesting information about interrogations and confessions. The opening story about Trisha Meili was very shocking. I couldn’t believe that all five young boys could make false confessions. They had such detailed accounts for what occurred during the crime, and yet they were all innocent. It seems so hard to understand why innocent people would ever lie and admit to a crime they didn’t commit, but the further I read into this chapter, I began to understand how it is possible.
Confessions are extremely important for police officers to obtain. They estimate that they are able to elicit self-incriminating statements from 68% of the suspects they interrogate. Police prefer confessions over other types of evidence because confessions can save so much time. Also, once a perpetrator confesses, this usually allows police to obtain other important information they’ve been seeking.
Interrogation techniques have varied throughout history. Before 1930, police frequently used beatings and brutality to extract confessions. After some bad publicity, the police shifted to more covert forms of abuse that didn’t leave physical trace. Physical abuse was often combined with deprivation, isolation, and intimidation. Legal rulings eventually pushed police away from physical torture and more into psychological forms of coercion. Since the 60’s, confessions are usually ruled admissible in court if they were obtained using physical force, sleep deprivation or food deprivation, prolonged isolation, threats of violence, clear promises of lenient sentences, or promises of immunity. Every suspect these days is read their Miranda Rights. I was surprised to read that only 20% of suspects in custody choose to exercise their Miranda rights, the other 80% waive their rights and submit to police questioning without an attorney present.
One psychological way police try to obtain a confession is by using the “good cop-bad cop” approach. There are many other effective interrogation techniques, though. The Reid technique is also favored by many police forces. This technique is a step-by-step procedure that contains 9 steps of interrogation. This technique is known to work well, but unfortunately the circumstances these police officers create also causes victims to confess even if they didn’t commit the crime.
The book discusses another example of a false confession. The police lied to their suspect and were eventually able to convince Tom Sawyer that he raped and killed his neighbor. Approximately 25% of known wrongful convictions involve false confessions. We aren’t able to know for sure how many false confessions occur each year. There are many factors that can contribute to a person being swayed by the police and possibly convinced of their own guilt. There are four basic types of false confessions: instrumental-coerced, instrumental-voluntary, authentic-coerced, and authentic-voluntary.
One factor that contributes to the high number of false confessions is the fact that police in the U.S. are legally allowed to use false evidence ploys to induce people to confess. I found this surprising. I knew police lied to their suspects, but I wasn’t aware that this was completely legal! There is obvious controversy over this tactic. Is it okay for police to lie to their suspects? This is a tough question to answer. I think it depends immensely on the specific situation. One potential solution for false confessions is to make sure interrogations are always video-recorded.
Although we want police to be able to find the truth, we don’t want them to coerce false admissions from innocent suspects. There is a fine line that the police must be careful not to cross. Suspects should always seek help from an attorney and be sure to use their rights.
http://www.time.com/time/nation/article/0,8599,1858171,00.html
The website I found explained a story that was similar to the one in the textbook. In 1997, four sailors all confessed to the rape and murder of a woman. However, they later said that their confessions were coerced and false. They ended up spending about 11 years in prison. The “Norfolk Four” are still struggling to prove their innocence, despite a confession from the real killer and DNA evidence.
This chapter begins with a story about 5 boys who falsely confessed to having committed a rape crime in the park. This story astonished me because of the fact one of the boys actually had a scene played out in his head in which he told the investigators about when none of them actually committed the crime. A different man committed the rape alone. I thought this was a very good story to lead into this chapter with. Next is the power of a confession. This explains the goal of questioning is to obtain a confession from the suspect in which the police officer is interrogating. I was very shocked when I read the statistic stating 68% of the suspects police officers interrogate give a self-incriminating statement. This portion of the chapter also explained how police officers prefer confessions to other sorts of evidence in order to save time. Once there is a confession, many doors are opened to help with the investigation such as the perpetrator telling police where additional evidence can be found. The most important aspect of obtaining a confession is the confession is the closest prosecutors can get to a guaranteed conviction. Another surprising incident I learned in this chapter is even if a person made a false confession, he or she may still be convicted because it is ultimately up to the jury to decided whether to the person will be convicted or not and the jurors have the confession locked in their brains whether they want to or not. I was very shocked by the fact police used physical abuse and brutality to receive confessions from people before 1930. If police burned my skin with cigarettes or lifted me up by my hair, etc, there is a good chance I may admit to a crime I did not commit in order to save myself from the police who are there essentially to protect my safety. As if this were not bad enough, the fact police would push my head into the toilet to the point of drowning would be suffering enough and I would not want to know how much worse it could get. The interrogation techniques from before 1930 were awful and hurtful to read. The Miranda rights have been a good inclusion into the process of arrest so people are aware of their rights, but only 20% of suspects in custody exercise these rights. Ever since psychological interrogations took place of brutal interrogations, there are new techniques to the process of interrogating. The bad cop-good cop approach persuades the suspect confess to the good cop once the bad cop is not present. The good cop is more nurturing and sympathetic as the bad cop shows anger and expresses the belief the suspect should obtain the most severe punishment. The Reid technique was interesting because it explains the procedure of interrogations. The strategies to influence confessions are 1. loss of control 2. social isolation 3. certainty of guilt 4. exculpatory scenarios. The first strategy shows the interrogator runs things in the situation compared to the suspect, Social isolation is exactly what it sounds like. The suspect is deprived of emotional support and is interrogated alone. Certainty of guilt is when the interrogator directly accuses the suspect of the crime. Police use evidence ploys (real or fake evidence) to establish guilt such as fingerprints, hair samples, etc. Exculpatory scenarios shift the blame from the suspect to someone else or the circumstances to make a judgment. The chapter then discusses the problem of false confessions. What surprised me from this part of the chapter was how some convictions still stand for those people who are exposed with false confessions. I find it crazy how a person can be influenced so dramatically that he or she can be convinced he or she committed a crime. Many times these people are vulnerable by being young, inexperienced, drug users, mentally ill or just scared. I also learned about different types of false confessions. I find authentic-coerced false confessions to be very interesting and very alarming at the same time. Like I stated before, it boggles my mind how a person can be convinced he or she committed the crime. The Police and Criminal Evidence Act came into effect in order to protect suspects from the lying or tricks police officers may use to get a confession from a suspect. I like how this act makes interview be audio recorded so the interrogations may be evaluated by the people involved in the trial to judge the circumstances of the confession. A problem that bothered me about recordings being used in the court room was that jurors often do not see recordings of interrogations in their entirety so there may be a lot left out that the jurors did not get to hear. Equal-focus camera perspectives enable the jurors to make better judgment of the conditions of the confession. I did not know interrogations last less than two hours, I thought they lasted longer than that.
As I stated in my analysis, many things debunked my thoughts of confessions and interrogations. I thought interrogations lasted longer than about two hours and I also thought interrogations had good mannerisms. I did not know there was so much lying and cruelty in the interrogation, especially when the jurors do not hear it being said by recorders. I also had no idea there were so many false confessions due to the interrogation process. I thought if they had the wrong person even though they confessed to the crime, they would be set free if the real perpetrator was caught but that is not the case.
Psychology relates to this in many ways. Cognitive psychology is evident in the usage of techniques to get inside of a suspect's head during an interrogation as well as how the suspect processes that information. The interrogators use this sort of psychology to persuade a person and get that person to actually believe he or she committed the crime, leading to different processes occurring in the suspect's head. Emotional psychology is also used in confessions and interrogations because the interrogator toys with the suspect's emotions and attempts to drain that person in order to reach the confession he or she is in search of.
I searched more information on the unfair interrogation techniques used by police:
http://knol.google.com/k/nomem-de-guerre/police-brutality-criminality-in/220y3s198z640/6#
This site above described police brutality to people. The people explained how it occurs often and is dismissed because the police have the upper hand, officer's word over a criminal's.
http://www.cbsnews.com/8301-504083_162-5175353-504083.html
This is about a guy convicted of raping a woman he found on his way to school and being interrogated for 10 hours with no lawyer present. This boy was convicted and sentenced. The actual criminal was the girls boyfriend. This shows it is not always a fair interrogation.
This chapter addresses the forensic process of investigators performing interrogations in order to gather conclusions on a case. Conclusions, particularly confessions, are the most useful evidence used on behalf of the prosecution in gaining a favorable conviction. Confessions are the main goal of interrogators because they lead to a quicker trial, and also lead to an almost assured guilty conviction of a perpatrator. Unfortunately, the unique techniques and environment that are involved in modern day interrogation can lead to forced or false confessions on behalf of a suspect. A general related phenomenon is known as fundamental attribution error, in which investigation teams disregard the situational characteristics that could lead to a false confession. When this happens the defense is armed with multiple arguments that can demonstrate how a confession might have been coerced by police or detectives. However, the ultimate presence of any type of confession, admissible or inadmissible, in any case has an impact the final verdict.
In order to draw a confession out of a guilty suspect police uses methods known as interrogation to break the suspect's resistance. Interrogation techniques have evolved over forensic history moving from the approach of physical violence against a suspect to the widely used psychological coercion currently used. Violent interrogation methods such as physical violence, deprivation of crucial needs, or extreme humiliation have become obsolete in most domestic investigations. In cases where such actions have been discovered in order to elicit a confession judges have often made the evidence inadmissible and repremanded individuals in such approaches. Psychological methods have evolved as the primary approaches in the justice system through different facets such as the institution of Miranda rights. Miranda rights are surprisingly only utilized by about 20 percent of detained individuals. Interestingly, the right of police officers to psychologically apply phony methods in gaining a confession have been supported by several Supreme Court decisions. Psychological techniques of coercing a confession from a suspect have certainly evolved and diversified over the last century.
Interrogation methods have been changing and adjusting over the years in an effort to discover the best techniques in gaining a confession. The good cop-bad cop approach has been a fundamental approach in forensic processes. This is a situation in which one cop continuously expresses his anger toward the suspect while the other cop establishes trusting rapport with the suspect in order to have the suspect eventually confess once the bad cop has left. Interrogation is also highly dedicated to deciphering nonverbal ques in the suspect's body language. Another psychological component of interrogations is what has become known as the Reid technique with the four primary strategies being loss of control, social isolation, certainty of guilty, and exculpatory scenarios. The first component, loss of control, is set up to create a psychologically disorienting environment in which normal social interation is set by the way side. Social isolation involves depriving suspects of any type of support systems and create a sense of authority on behalf of the police interrogators. Certainty of guilt is the process of administering evidence ploys that create a sense of futility for a suspect being acquitted of the charges they are facing. The final component, exculpatory scenarios, is where interrogators express empathy or understanding to perpatrators actions and may even suggest possible leniency that may result in the case of a confession. Although these four psychologically strong approaches generally provoke a confession from a guilty perp, they also can provoke faulty confessions of guilt from an innocent individual.
Due to the extreme psychological conditions that pose such stress on suspects in the interrogation process many individuals are coerced to giving a false conviction. In some cases DNA evidence is presented to finally acquitt these innocent individuals who confessed out of psychological despair. However, the majority of these instances results in a conviction that stands. A quarter of faulty convictions are the result of false confessions. These occurrences are often associated with psychologically weaker individuals who are exposed to the extreme interrogation methods of forensic investigations. There are three main types of false confessions that include instrumental-coerced false confessions, instrumental-voluntary false confessions, authentic-coerced false confessions, and authentic-voluntary false confession. In the case of instrumental-coerced false confessions suspects confess to a crime they know they didn't commit due to an extensive arduous interrogation. Instrumental-voluntary false confessions involve suspects confessing to crimes they did not commit with the goal of implicating themselves in those crimes. This could occur with organized crime, estranged individuals, or in order to cover up other whereabouts. The third category, authentic-coerced false confession, is when the suspect becomes convinced that they actually did commit the crime after extensive interrogation. Authentic-voluntary false confessions occur when individuals suffering from psychological delusions confesses to crime with little interrogation necessary. These are different from the other two categories in that the suspect actually becomes to believe they commited the crime which they are being accussed of.
The problem of false confessions is not only problematic for the individual wrongly convicted, but also to society in that the actual perp still remains on the streeets. Possible reforms that have been proposed to fix this problem include using video recording during interrogations, placing time limits on interrogations, safeguarding against interrogation of youths, and referring to expert testimony on interrogations. The equal-focus camera perspective portrays a neutral view of both the suspect and interrogator in order to determine the conditions of both the interrogation and confession. Time limits around four hours have also been implemented in order to prevent false confessions but still maintain enough time for police to conduct an effective interrogation process. Finally, expert testimony is crucial in cases with disputed confession and interrogation techniques. Experts are intrical in explaining the psychological dynamics that are occurring in the interrogation room to the jury so they can come to an educated and reasoned verdict.
One thing that I learned that was of particular interest to me was how many Supreme Court rulings have upheld the phony practices of police that are used in eliciting a confession. There were five different cases that were mentioned that protected police interrogators rights to continue these methods. Some of the practices that came into question were assembling a phony lineup in which the suspect was identified, holding a suspect for sixteen days without outside contact, and even posing as a helpful cellmate looking to hear a confession. Personally, I find this to be extremely appalling on the part of the law. This is partially because of my own interest in pursuing a career in law, and also to how such methods have been used on me in high school which I always found unjust. This leads to my next point on what surprised me considering the miranda rights.
I cannot believe how few people actually utilize their miranda rights when accussed of a crime. I understand the fact that many individuals who are innocent want to appear helpful, but the fact is that once someone becomes a suspect the state will use its arsenal in order to gain a conviction. The miranda rights were instituted to allow initial protections to people when they become suspects so they do not have fear self incrimination. Overall, people do not have enough knowledge of the law to utilize these rights and avoid compromising positions.
I wanted to learn a little more about the use of video recordings during interrogations and their benefits to preventing false confessions, so I consulted a particular website. This site provided me with some further information on this component of interrogation. First, it has become a universal belief that the best way to avoid false confessions is electronically record interrogations from start to finish. Interestingly, most police officers really dislike the inclusion of video recordings in interrogations. Main arguments against electronic recording included the fact that police believed such mechanisms turned people off and took flexibility away from police officers. Others did however believe that the fluid component added when recordings are incorporated believed the practice to be imperative in the process. Overall, some officers may be displeased with using such instruments in interrogations, but the best expert appraisals of the situation would definitely incorporate recordings in the interrogation process.
http://www.post-gazette.com/pg/06243/717788-84.stm
Chapter two consumes information about interrogations and confessions. It starts off with a story about a girl who was beaten and raped in a park. Six boys were brought in to be questioned about the case until five of them confessed to the crime. After years in jail, the police discover that none of them committed the crime. The power of a confession is huge in a conviction. In many situations, the police would rather have a confession than evidence. Confessions can avoid trials and can almost guarantee a conviction on someone. Many studies have been done and confessions are usually almost always convicted verse evidence or other support.
Interrogation techniques have taken a turn since the years past. Later years, police were able to us force to get a suspect to admit to a crime. They used physical torture such as beatings and brutality. Many times these tortures had tricks that left no trace. Their abuse could also be in forms of deprivation, isolation and intimidation. However, now police use the Miranda warning in order to protect themselves from any accusations. Many people don’t realize the great importance of these warnings and sign away their rights. The innocent believe it will make them look guilty if they don’t do it and the guilty feel they it will make them look guilty if they don’t do it. In saying this, the police are still able to use tricks and lies in order to extract a conviction out of an individual.
One approach the police can use is the good cop, bad cop approach. This approach uses two police officers. One police officer pretends to be angry and lie to the suspect. The other officer uses clever tactics that use sympathy and concern for the suspect. Hopefully, the suspect then turns out a confession to the good cop in hopes the cop will help them out. Another way the police use their skills is through building a loss of control over the suspect. When the suspect is placed in a small room, they feel as if they have lost control of the situation. In turn, the suspect feels out of place and vulnerable. Social isolation is another tactic used. A suspect is usually investigated alone allowing them to feel helpless and have no support around. Another way to interrogate someone is using the certainty of guilt. The investigator reassures the person that they committed the crime. If the suspect starts to deny an accusation, the investigator cuts them off or dismisses the denials. Another strategy used is the evidence ploys. Evidence ploy uses evidence to suggest the suspect is guilty through that evidence. If there is no evidence against the suspect, the officer may lie or claim there is some. The last strategy that can be used is the exculpatory scenarios. This is using suggestive language to lessen the negative stigmas associated with the crime that is being suggested.
With these tactics, officers often receive false confessions. The suspect feels threatened or tricked into believe that they really did commit the crime. There are different types of confessions. First, instrumental-coerced false confessions happen when the suspect has endured a long, intensive interrogation. The second type is the instrumental-voluntary false confessions. These occur when the suspect feels they can achieve a goal such as a higher position in a gang if they confess to the conviction. They third type is authentic-coerced false confession. In this case, a suspect has been convinced that they committed the crime. Finally, the fourth type is authentic voluntary false confession which happens when someone who was suffering from delusions confesses to the crime.
There are a few ways that we can solve the problem of false confessions. One way is through video recording of interrogations. In this cans, jurors will be able to view the interrogations and decided form themselves if the confession was truly theirs or not. The best way to do this would be to use a equal-focus camera perspective that shows both the interrogator and the suspect. Another way is to limit the interrogations. This would eliminate the suspect confessing they did it out of tiredness and exhaustion. A third way is an appropriate adult safeguard. Often times youth are ones who end up confessing to crimes they did not do. This would allow an adult to be present who is trained in this situation.
I feel as though interrogations should be viewed by multiple people in order to eliminate false convictions. I found it surprising how police officers can lie and deceive a person in order to gain a confession. It would be tough to sit in a room with a police officer and defend yourself when they tell you there is evidence that links yourself to a crime. Average citizens do not know the rule about this and I feel like it is unfair to them.
I wanted to learn more about false confessions. I found it so interesting that people would confess to a crime and chose to spend years in prision. I looked up more information for statistic
http://www.fd.org/pdf_lib/Coerced%20False%20Confessions.pdf
This website describes how psychologically, a person will admit to the crime when it is in their best option or their best choice. It also went into detail about a few studies they did to conclude how many false confessions there were. It also concluded what we can do to lessen the chances of false confessions.
The second website I found was a false conviction fact sheet. It was really cool to go through and look at the different facts and items for false confessions. IT gave a list of different types of confessions as well as a few statistics.
http://itssimple.ca/forensicgroup/wp-content/uploads/Fact-sheet-False-confessions1.pdf
http://www.trutv.com/library/crime/notorious_murders//coerced_confessions/3.htmlnot_guilty
Oops. Forgot to copy. That was my site. Here is my actual blog.
I really like how the book starts off each chapter (most of the time) with a story. Not only does it make the chapter more interesting and hooks ya right away (just like the story is suppose to do) but it also helps us relate the things we are learning in class with the real world. I won’t summarize the story, because we all already read it, but I couldn’t believe that five guys committed to such a serious crime they did not commit. And just like we talked about a few blogs ago, DNA testing came to the rescue and helped the police find who the true perpetrator was.
The goal of a police interrogation is to elicit a confession. Anyone who is a suspect is as good as a perpetrator in an interrogation and the police will do anything to get them to confess, even if it is a false confession. This includes things like lying to the suspect in custody in order to get them to confess. It was shocking to read about how many cops actually lie just to get a confession. That was the most surprising thing I read about. Especially because it is a big debate whether cops should be allowed to lie or not. My initial thoughts are absolutely not. But then when I put myself or someone I care about in the shoes of a victim, it makes it harder to decide. I do know that I would want the real perpetrator to suffer for what they had done, and not someone else. We would all like to think that the police’s main goal is to find the truth, but in all reality, their main goal is to find a perpetrator to lock up. The main reason for this being is because obviously once they have committed the perpetrator, their job becomes quicker and easier. Also, in the courtroom, a confession is practically the same as a conviction. As stated in the chapter and talked about in class, a confession is even bolder to a jury than eye witness testimony.
Interrogations weren’t always as calm as they are now. They first used to be based on physical violence. Police would torture their victims into confessions. I’d assume a lot more false confessions would come out of these methods. When being beaten up or electrically shocked, people will say anything in order to be released of such pain. Luckily, the public found out about these procedures and were outraged. Unfortunately, police man are smarter than society accredited them for. They changed their techniques to leave no trace evidence, and therefore were no longer suspected of committing such violent acts. Though things didn’t change right away (though quicker then one might imagine), eventually things got better with the Miranda Rights. Interrogations have also evolved not just in the negative interactions with suspects, but in other ways as well. Police have now started to video tape or voice record all interrogations. I believe this is an excellent idea and these video tapes can be a great tool in trials or later down the road if the case reopens.
I really like doing the blogs after having class. It helps me understand the topics better and I feel like I have a better grasp of the concept. Just like today, the book talked about how there are different types of false confessions. However, I’m pretty sure we only listed three in class ( I think- I could be wrong) and there were four different types in the book. The one I briefly mentioned earlier, and the most common, is known as the instrumental-coerced false confession. If you think about the name, it explains exactly what type of confession this is. The suspect was coerced into admitting to something they did not do just to make the interrogation stop.
http://www.trutv.com/library/crime/notorious_murders/not_guilty/coerced_confessions/3.html
This site discusses instrumental-coerced false confessions. I find it hard not to blame these types of confessions on law enforcement, and I wanted to see what other sources had to say about the matter to see whether they could change my mind or not. I tend to think this site agreed with me. I believe this because one of the things this site talks about is training police the proper way to interrogate suspects. Because in all reality, as much as police want to elicit a confession, what they want even more than that is to not later down the road found out they got the wrong guy. Because that just makes them look absolutely terrible.
This chapter deals with the growth and change of interrogation techniques. It talks about physical violence, torture techniques, and finally coercive psychological tactics. It shows the reality of interrogation and though it has been altered from physical differences to those tactics nearly disappearing, but the coercive uses may be just as damaging and illegal.
Something surprising I learned is how the Miranda Rights came into being and how they are disregarded and abused today. The tactics used by interrogaters against suspects seems almost illegal. I had always known or at least thought that investigators tricked or manipulated suspects however i had no clue to the extent they did so. I would love to keep learning more about the tactics and the psychology of the suspect while being interrogated, as well as the psychology of those investigators asking the manipulative questions.
Chapter 2 begins by discussing confessions. Confessions are pretty much the closest a prosecution attorney will get to convicting someone who admits to committing the crime. However, there is such a thing called, false confessions where people will confess when they never even committed or were near the crime. A judge can decide whether to dismiss a conviction if it can be proven to be coerced, but this doesn’t happen all that often. The plaintive may still be able to plead guilty, but 81% of the time, the jury still finds them to be guilty because they never had the knowledge that the confession all along was false. This usually happens due to how the plaintive acts in front of the jury, they may come across as nervous during the trial, so that might throw off the jury and make them believe just by the way they are acting out in this situation is how they handled it, once the crime was committed. One good thing that states are starting to do is have a requirement of taping the interrogation sessions. Psychology is taken out of these videos by having the suspect only be viewed by observers who didn’t consider the surrounding pressures as much as any of the other views. Equal-focused camera viewpoint really helps the jurors to be able to evaluate the coerciveness of the interrogation.
For confessions, there are four types of false ones. The first is instrumental-coerced, this is when a suspect has had a long day of being interrogated and they get convinced to just confess they did it, so the session can be over and done with for the day. The second type is instrumental-voluntary, this is when a suspect confesses to a crime, knowingly that they did not commit, to either seek attention, or to save someone else’s back. The third type is authentic-coerced which the subject believes for a small amount of time that they did indeed commit the crime because of more long and drilling interrogation sessions. The fourth and final type is authentic-voluntary, this is when a suspect might suffer from a mental illness that can create delusions for them, so they tend to confess rather quickly and easily to the crime.
When interrogating starts there are four simple influence of strategies that are used. The first one is loss of control where the atmosphere and conditions of the interrogation room loses objects that are familiar, breaking rules like telling them that the murder victim is still hanging on and it’s the suspects time to confess, so they can work out a deal, or by just talking to the suspect in a direct way to show them who has the power and who has no control at all. The second influence strategy is social isolation, here the suspect is alone so that they can’t gather outside information and social network support. Third is certainty of guilt, here you see the line, “You did it and we know it” speech they give to the suspect, basically they are using evidence ploys to get the suspects to confess. Then lastly is the exculpatory scenarios, here is where the suspect is told that the crime they may of committed is more acceptable in society, so this can be said or done by having the suspect shift their blame to someone else, or they did the crime in self-defense.
Interrogations started off as direct physical violence, then entered into physical torture, and today has settled in psychological means of coercion. Police began using their weapons, physically on suspects in order to get them to confess. Usually the suspects who were truly guilty resisted to confessing to the crime, so violence was accepted in dealing with them, so an confession could happen. Media got involved, and the process changed, but more so in the opposite way it should have. Marks that were left on the bodies were no longer aloud, but instead were able to force the suspects underneath water, basically drowning them, but they did not allow them food, isolated them from the world, and no bathroom uses were to be used during their processes. These kinds of torture I’d say would be linked with cognitive psychology because the poor minds of the suspects are getting more and more messed up and messed around with. Soon after all of these actions were happening, the Miranda Rights came about. The Miranda Rights describe and let the suspect have legal rights by telling them to remain silent, an attorney can be present and they can provide one if the suspect can’t get one, and then lastly are asked if they understand what was just read out loud to them. Cognitive psychology plays a role in all of this by being involved with the suspect’s mental environment when taken into custody and also when they are in the court proceedings.
The good cop-bad cop is one of the topics that interested me in finding out more information about because usually there is some type of show out there that starts out by sending the good cop into the interrogation room to calm down the suspect, and then boom after they are done the bad cop enters and starts nailing them to pieces to see if they can get any more information on the crime that was just committed. Behavioral psychology plays into this good cop-bad cop deal with all the personalities that the cops are able to act out, so they can come up with the confession to the crime.
I found it both to be interesting and shocking at the same time that a form of torture was to put the suspect’s head up to a dead body. That is disgusting beyond my knowledge. I looked up a site of drowning people in water, because I’ve always wanted a little more information on this subject, especially since the United States is kind of known to do that to outside country enemies.
http://science.howstuffworks.com/water-boarding.htm
Basically they are discussing waterboarding, and how some people believe it to be unconstitutional no matter how bad of a terror they are or were, and argue that this is not how interrogations should be done. They mention that the Busch administration was unjust and just mention how it really all began or at least came to be more in the light that this was going on.
Chapter two discusses Intterogations and Confessions; something that I am very familiar with. I am familiar with this because I used to work in a Psychology Law about false confessions at Iowa State University. I have also had a quite unfortunate personal experience with the police, in which they tried to get me to confess to them something I did not do. False confessions happen quite often and ruin the lives of innocent people. Sometimes, people who are innocent even receive the death penalty. The chapter begins with a story of a woman who was snatched up from central park while jogging. The woman was beaten and rape, which lead to the arrest of five boys aged 14-16. These five boys gave false confessions that landed them in jail for over a decade. In 2002, a man already serving time for rape admitted to raping the lady. Finally, justice would be served and the five boys were released from prison.
This is where we are left with the terrible realization that there are tons of innocent people sitting in jail. Some innocent people may even be sitting on death row, all because of false confessions.
Confessions can a huge impact when a case actually gets to trial. Juries place a huge amount of worth on confessions and they tend to sway their verdicts. Almost 45% of people interrogated by police make full confessions while being interrogated. Almost 15% of people make damaging statements while talking with police. For me, this is a clear indication that no one, where they are guilty or innocent, should talk to the police.
Many times, the police take the “good-cop, bad-cop” approach. This is a very useful technique also known as the Reid Technique. The Reid Technique has nine steps that are made in order to elicit a confession. These steps can make someone feel very uncomfortable. One cop acts super nice to the victim, while the other is extremely hostile. When the bad cop leaves, the suspect sometimes admits to the good cop because he has made the suspect feel so safe during the whole situation. Out of the whole chapter, this part was the part that surprised me the most. I knew that there was such thing as the good cop, bad cop technique, but I was unaware that it was an official technique that is used all around the nation. I knew that the police use it, but I just didn’t know that it was actually taught to them. I always sort of thought that the police used this technique whether they were allowed to or not. I believe this is a very good technique, and if it is used against the right people it can be very useful. Unfortunately for the police, some people are aware of this and do not give into the acting job.
People falsely confess for a variety of reasons. Some of those reasons include lengthy interrogations, lack of food, or lack of mental capacity (by a minor or mentally challenged person). This chapter has taught me that I should never talk to the police without an attorney present. I hope to god that I am never in this situation, but if it ever does occur, I will know the correct way to respond: “I’m sorry detective; I won’t be able to answer any questions today. Maybe while my attorney is present I’d be happy to talk.”
A few things I found interesting in this chapter that I would like to learn more about is coerced confessions. When do the police actually coerce someone?
Here is a link that I found about a famous coerced confession involving the murder of a twelve year old. The police coerced a confession from a man named Michael Crowe. He was interrogated for 27 hours over a 3 day period. He confessed to a crime that he did not commit. Later, TruTv explains that the real culprit was a 28 homeless man. Once again: Do NOT talk to the police without an attorney present. This was a typical case of a minor admitting to something they didn’t do.
http://www.trutv.com/library/crime/notorious_murders/not_guilty/coerced_confessions/6.html