Would you confess to a crime you did not commit? You may say you would never falsely confess
to a crime under any circumstance (especially those with great penalties), but
the truth is, false confessions happen more often than you realize.
For instance, take the case of Eddie Lowery. Although Eddie Lowery deep now knew he was
innocent of rape, he inevitably confessed and consequently spent 10 years of
his life in prison until DNA evidence and the help of the Innocence Project exonerated
him.
False confessions can occur for numerous reasons and some
people may be more susceptible to falsely confess. For example, the mentally ill and children
are highly influenced by police during interrogation and subsequently confess
more often than individuals who are not mentally ill or are adults. Other circumstances, such as being deprived
of food, water, and the restroom, being interrogated for hours on end (which
happened in Lowery's case - he was interrogated for more than 7 hours), and in some instances being beaten, also lead to more false confessions.
Interrogations can also plant false memories in the suspect's
head to the extent to which they become real (much like the lost in the mall study described in class). According to Professor Garrett who studies
cases such as Lowery's, facts about the case can be intentionally or accidentally
brought up in interrogation which plants a seed in the suspect's memory. With constant contamination to the suspect's
memory, these "seeds" can grow into evidence that one would think only the
person responsible for the crime would know.
Much like you and me, Garrett was shocked by the amount of
contamination that had occurred in the cases he studied. Interestingly, more than half of the cases he
studied, the suspect was "mentally ill, under the age of 18, or both." Along with that, most of the interrogations
were lengthy and held in a pressuring environment. Even more interesting, none of the cases
Garrett studied had a lawyer present during interrogation.
Although in some cases evidence that is leaked during
interrogations in accidentally, Eddie Lowery felt that the police intentionally
contaminated his memories. According to
Lowery, after he confessed, the police insisted he recall the process of the
crime and corrected him when he got key facts incorrect. For example, Lowery recalled this from his
interrogation: "How did he get in (police asking Lowery how the rapist got into
the house)" "I kicked in the front door" - Lowery, "But the rapist had used the
back door" - Police. Consequently,
Lowery changed his story and admitted to going through the back door.
Why are false confessions so important? -- because juries
are highly influenced by them when deciding on a verdict. Despite being cleared by DNA evidence prior
to going on trial, 8 of the individuals in Garrett's study were still found
guilty and sent to jail. Because juries
are mostly interested in the details of the case and because false memories
have been implanted in the suspect's brain, jury members tend to ignore other
facts in the case and focus on the highly detailed confession.
If false confession are so common, what can be done to prevent
them? Some police departments have started
videotaping interrogations, especially ones that could result in severe
punishments (death penalty). Ten states require
videotaping and many supreme courts are encouraging tapings of
interrogations.
Keeping the case of Eddie Lowery and many others in mind,
how do you feel about videotaping interrogations?
Do you feel it is necessary for all
interrogations (even those where the consequence if found convicted is not
severe) or just crimes that could possibly cause someone to serve the rest of
their life in prison or even be put to death?
Are there better ways to reduce the occurrence of false
confessions?
What do you feel can and/or
needs to be done to free the dozens of innocent people currently serving time
behind bars?
Here is a link to the article and more about Eddie's case.
(Thank you Alyssa for sharing!)
Recent Comments