Exam 1 (3) Flashcards

(29 cards)

1
Q

What is the goal of interrogation for police?

A

Often viewed as getting the person to confess

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2
Q

Other goals of interrogation

A

-Attain an alibi
-Gain new evidence
-Record a confession
-Remove a person as a potential suspect

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3
Q

What percentage of suspects confess when interrogated and what percentage of suspects make damaging statements when interrogated?

A

39-48% confess and another 13-16% make damaging statements

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4
Q

How strong are confessions as evidence?

A

In the study, confessions were the most powerful evidence when asked what’s the likelihood that someone committed a crime

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5
Q

What’s one of the main problems with confessions?

A

People confess sometimes even though they aren’t guilty

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6
Q

What percentage of wrongful convictions involve false confessions?

A

20-30%

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7
Q

4 types of false confessions

A

-Instrumental-coerced- know they didn’t do it, ends interrogation
-Instrumental-voluntary- protect someone else of gain notoriety
-Internalized-coerced- actually think they did it, persuaded by own guilt
-Internalized-voluntary- mental illness

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8
Q

Costs of false confessions

A

-Innocent people are punished
-Real perpetrator never caught
-Decreasing police legitimacy
-Decreasing cooperation with authorities
-Decreasing believing good confessions

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9
Q

Can people discount coerced confessions?

A

Jurors have a difficult time discounting false/coerced confessions

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10
Q

Where do most proven false confessions occur?

A

80% in murder cases, 9% in rape cases

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11
Q

What used to be common practice in interrogations?

A

Physical violence- beatings, hitting with a gun, burned with cigarettes, shocked

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12
Q

Change in the 1930s

A

-Report on Lawlessness in Law Enforcement (Wickersham Commission)
-Still physical just more covert
-Deprivation, intimidation, isolation

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13
Q

Change in the 1960s (where we are today)

A

More psychological coercion

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14
Q

Reid technique

A

-John E. Reid
-Accusatorial style system for interrogation in 9 main steps
-Formalized coercion technique
-Police advocate for this technique
—Explicitly taught in FBI

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15
Q

Many famous causes of false confessions have been found to have used what technique?

A

Reid technique

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16
Q

Why is the Reid technique so powerful?

A

-Social isolation
—Feel alone
-Loss of control
—Vulnerable and anxious
-Maximization- certainty of guilt
—Persistently confront with accusations of guilt
-Minimization- exculpatory scenarios
—Offer excuses for committing the crime

17
Q

Interrogation and other factors can decrease regulatory processes

A

Less able to control thoughts, feelings, and behaviors when pursuing goals

18
Q

Interrogations lead to short-sightedness

A

Suspects focus more on short vs long term goals (getting out of interrogation vs prison)

19
Q

Who falsely confesses?

A

Anyone can succumb to highly coercive techniques

20
Q

What is the primary cause of false confessions?

A

Pressures of interrogation

21
Q

Risk factors of false confessions

A

-Age
—32% of false confessions —> under the age of 18
-Mental illness
-Intellectual impairment
-Low self-esteem
-Poor memory
-High anxiety

22
Q

Solution to false confessions- techniques

A

-Training in information gathering techniques (PEACE model and HUMINT interrogations) rather accusatorial techniques (Reid)

23
Q

Accusatorial interrogations vs information gathering interrogations

A

-Both lead to higher number of confessions
-Accusatorial- increase both true and false confessions
-Information-gathering- increase true but no false confessions (vs control), increase true and decrease false confessions (vs accusatorial)

24
Q

Solutions to false confessions- video recording

A

-Help…
—Objective record of events
—Non-verbal info
—Cops like it to reduce notes and clear false allegations
-Not help…
—Only the confession is recorderd
—Bad confession still affected jury decision making
—Point of view- need equal focus perspective

25
Solutions to false confession- time limits
-Shouldn’t last too long -Average- 2 hours -False confession average- 6 hours or longer -More time may increase regulatory decline and short-sightedness
26
Solutions to false confessions- safeguard vulnerable suspects
-Provide juveniles with an adult —Not always parent because they can work against the child -Court appointed attorney or child advocate
27
28
Solutions to false confessions- expert testimony
-Helps, but effects are probably small -Disputed confession can be reviewed -Discuss research on false confessions -Things to look for in false confessions -Review video taped confession and discuss it -75% of jurors say it would be helpful, but judged don’t always allow
29
If the police want to interrogate you, what should you do so that you do not falsely confess?
Use your 5th (self-incrimination) and 6th (Assistance of Counsel) Amendment rights very clearly