Interrogations/Confessions Flashcards
(35 cards)
Interrogation
Goal: Obtain a confession and/or acquiring info that might help investigation
Atmosphere: Uncomfortable - physically & psychologically
Target: Suspect
Assumptions: Guilty knowledge
Interview
Goal: Gain information that furthers investigation
Atmosphere: Typically cordial, comfortable atmosphere
Target: Witness and/or person of interest
Assumptions: none
Power of confessions
-Police are under a lot of pressure to solve crimes—especially those that are public interest
-Evidence from interrogations = convictions
“Great weight” for Juries
Historical Perspectives
-Interrogations historically coercive
Mid-1900s
*Whipping used to
obtain confession
(Brown v. Mississippi,
1936)
1980s
*New York City police
officers used stun guns
to extract a confession
(Huff et al., 1996)
-Replaced with psychological methods
*deceit and ‘trickery’ (Leo,
1992)Rights and Safeguards
Canadian Charter of Rights and Freedoms
-Right to Silence
25% of time (Snook,
Eastwood, & MacDonald,
2010)
- Right to Legal Council
31% of time (Snook,
Eastwood, & MacDonald,
2010)
- Shows innocence???
- not used because it seems like you have something to hide
- Low comprehension (esp. under stress)
- hear them but don't understand what they meanRights And Safeguards: Admissible in Court
-North American courts require confessions given:
a) By competent person
b) Voluntarily
R v. Hodgson, 1998
- Ambiguous - who decides/what is criteria?
-Confessions extracted via explicitly coercive tactics are inadmissible;
- Confessions resulting from subtle psychological coercion often admitted (lie to promise them something they can’t give; lies about evidence)
R. v. Oickle (2000)
Self-Reported things Police do to get confessions
- isolation
- small, private room
- establish rapport/gain trust
- confront with evidence of guilt
- offer sympathy, justification
Good interview technique
- Considerable agreement regarding how to obtain most useful info:
1. Establish rapport with interviewee
2. Ensure interviewee understands ‘rules’ of interview (tell me if you don’t know the answer, correct me if I say something wrong)
3. Use open-ended questioning
4. No interviewer bias
Police Training
- Specialized training in obtaining confessions
- Different approaches are taught
E.g., police in England taught less coercive strategies than in North America - Problems related to coercive interrogation methods?
Interrogation Techniques
- Typically rely on psychological techniques
- Good cop-bad cop
- Aggression versus empathy (one interrogator plays both roles)
- Reid Technique
1. Loss of control
2. Social isolation
3. Certainty of guilt
4. Exculpatory scenarios (gives an out while still admitting guilt. would have done it too if they were them, you’re not a bad person) - almost all police agencies are trained in this methos - problematic when the person is innocent
Reid Model
- most popular method in Canada/ US
- designed to psychologically break you
- assumption that the techniques used (claim of evidence and assurance of guilt is not enough for an innocent person to confess)
- make confessing the easiest way out
- 3 stages
1. Gather evidence
2. Conduct interview to assess guilt
-Non-accusatorial
4. Conduct interrogation to obtain confession
-Accusatorial
-9 steps, many psychological ‘tactics’ - Principle: suspects do not confess to crimes they didn’t commit because they fear the consequences if they do
- In effect:
Makes perceived consequences of a confession more desirable than the anxiety created by the deception
BUT - Accuracy of deception detection
- Training in Reid model only increases confidence, not accuracy
- Investigator bias
9 principles of Reid Model (Generally)
- Direct positive confrontation:
- present the case/scenario
- tell the suspect they are involved in a crime
- observe suspects behaviour
- restate that they are guilty - Theme Development
- give motive, reasons, and justification of the crime
- watch for their reaction and continue to build narrative from this - Stop all denials
- do not let them say they are innocent (interrupt/speak over them)
- take lack of protest as indication of guilt - Overcoming objections
- suspect proposes a reason for why he did not commit crime - normally offerred by a guilty person;
- indicates process if given after denials
- handled different than in denials (first listening accepting)
- proper handling helps overcome defenses
- empathize
- stop denial but in a kinder way
- establishes a reason - Getting Suspects Attention
- themes work only if suspect is listening
- establish understanding and concern through physical genstures and closeness
- want them calm and trunsting of the detective
- establish yourself as their way out - Suspect quiets and listens
- urge suspect to confess
- lead towards alternatives
- eye contact is important
- action mirroring
- tears = guilt - Propose alternative face - saving explanations for behaviour
- give choice between two reasonings with one much worse than the other - acceptance of one alternative reinforced
- suspect encourages to talk about an aspect of the offence then make a full confession
- oral witnessing by two persons
- cops fill in gaps after suspects picks their version through leading questions - The confession
Reid model Summary
2 categories of strategies: Minimization techniques “Good cop” Show sympathy, understanding and respect Good-cop, bad-cop “People make mistakes” Maximization techniques “Bad cop” Exaggerate the seriousness of the crime and charges Assert firm belief in suspect’s guilt Includes knowledge-bluff trick
Problems with the Reid Model
Detecting deception low ability, no improvement with experience Investigator bias begin with initial guilty belief unknowingly seek to confirm expectation remember the “confirmation bias”? impact on interviewee behaviour defensive, appear guilty – even when innocent Coercive nature = false confessions
R v Oickle
- conviction of arson
- solidified what voluntary confessions look like in our justice system
- Crown argued that judge made a mistake when he didn’t allow confession as evidence
By law, only voluntary confessions can be submitted as evidence
Must be obtained without
1. threat
2. promise of special consideration or benefits - During polygraph, police used coercive methods to obtain a confession
Family members and friends would respect him for confessing
Implied that he (the officer) was probably Oickle’s best/only friend
Each tactic by itself was not sufficient to be considered coercive
Together…
-Criteria for ‘voluntary’ confession
Look for:
1 Threats/promises?
2 Oppression?
Distasteful/inhumane conduct = involuntary
3 Operating mind?
Sufficiently aware of what (s)he is saying & to whom
4 Degree of police ‘trickery’?
In general, allowed
BUT, not “so appalling as to shock the community”
Problems with the relative impression of shocking
- in general community doesn’t agree with police on what is shocking/acceptable for interrogation methods
PEACE Model
Planning and Preparation, Engage and Explain, Account, Closure, and Evaluation.
Inquisitorial (vs. accusatorial)
Based on conversation management
Encourages information gathering, rather than securing a confession
Recent Developments in North America
- video taping interrogations
- Benefits:
Protects citizens from coercion
Protects police against false allegations
Allows courts to make more informed decisions (White, 1997) - Potential Problems:
Videotaping interrogations must be done with caution
Subtle factors influence decisions of guilt or innocence (Lassiter et al., 2002)
Confessions
In many countries, people convicted on basis on confession alone
In Canada & US, corroborating evidence required (Gudjonsson, 2003)
Large concern with using coercive interrogation techniques
Increase likelihood of false confessions (Kassin & Gudjonsson, 2004)
Juan Rivera
Mentally handicapped 20 yr old
Arrested for murder of 11 yr old
~33 hrs of interrogation by
10 different interrogators over 4 days
Signed 2 confession statements (written by police) admitting rape, stabbing, murder
During interrogation, hyperventilated, banged head on cell wall, was medicated, shackled, psychotic break down, no memory of signing the police statements
Convicted on strength of confession
Convicted 3 times for murder and rape
Exculpatory evidence:
Hair, semen, fingerprints – 350 pieces of physical evidence: NONE linked to Rivera
Rivera was wearing an electronic leg monitor showing him at home the night of the crime
3rd conviction overturned in 2011 (DNA)
Refusal to believe that confession was the involuntary product of psychologically coercive interrogation
How Common are False confessions?
We have no idea
Why?
Even if confessions are coerced, they may still be true
Even if the defendant never appeals, s/he may still be innocent
innocence project estimates 30%
False Confessions
When an individual confesses to a crime they did not commit or exaggerates involvement in a crime they did commit
Different from disputed or retracted confession
Retracted
Confession that confessor later declares to be false
May or may not have been false confession
Disputed Confession
later disputed at trial
Not necessarily false or retracted
Legal technicality, suspect disputes, etc.
125 Cases from 1971-2002 93% by males 81% occurred in murder cases 30% of the cases involved multiple false confessions from several innocent suspects 63% were younger than 25
Why do people falsely confess?
Duress Coercion Intoxication Diminished capacity Mental impairment Ignorance of the law/rights Fear of violence The actual infliction of harm The threat of a harsh sentence Misunderstanding the situation
Voluntary False Confession
Occurs when a suspect knowingly implicates themselves in crime they know they did not commit to achieve a goal Can be result of Protecting a ‘higher up’ Protecting a loved-one Miscellaneous
