Tendency to attribute other people’s behaviour to dispositional causes (traits, personality) and to dismiss the situational pressures acting on the person
Fundamental attribution error
Rights of Suspects
- Right to avoid self-incrimination (participating in interrogations without counsel)
- Right to silence
- Right to legal counsel
Reasons why people waive their rights
- we are used to waiving everything – contracts, acknowledgements etc.
- guilty waive rights so they appear not guilty/appear cooperative/have nothing to hide
- don’t understand what having rights means
What comprehensions must be ensured in law?
- Instructions – what they need to do with the info provided
- Listing – presenting each point
- Explanations – provide explanation
What do the “Common Law Confession Rules” Qualify?
Voluntariness of Confessions
- 9-step technique that represents the general flow of many interrogations
- 4 strategies employed by the technique
- Reid Technique
- Loss of control
- Social isolation
- Certainty of guilt
- Minimization of culpability
Canadian police technique by which a suspect is drawn into a fictitious criminal organization with the ultimate goal of securing a confession
Mr. Big Technique
Suggests the strongly negative potential consequences of confessing should prevent suspects from confessing —unless a suspect is mentally impaired, mentally ill, or physically abused, there is no immediately obvious, easy-to-understand explanation for a false confession.
The Naïve Model of Suspect Decision Making
Suggests the option of continuing to deny involvement in crime seems to make things worse. The interrogation tactics described in this chapter are designed to reshape suspects’ understanding of their decision options and consequences that follow from those options.
interrogation induced model of suspect decision making
Four Types of False Confessions across 2 Dimensions
- Voluntary or coerced
- Instrumental or authentic
Solutions to False Confessions
- Video Recordings
- Reduce Vulnerability of Suspects
- Time Limits on Interrogations
Suspect confesses to crimes they know they did not commit to end interrogation
Suspect confesses to achieve a goal; such as protect someone.
Subject confesses because they become persuaded they actually did it.
Suspect confesses because they suffer from delusion or Mental Illness
This English law made it illegal to trick suspects or lie about evidence as a means of inducing suspects to confess.
Police and Criminal Evidence Act (PACE)
Model of investigative interviewing that takes a non-confrontational approach to ‘getting information and truth’ from an investigation interview subject rather than ‘eliciting a confession’.