Police Investigations Flashcards
(41 cards)
Police interrogations
process whereby police interview a suspect for the purpose of gathering information and obtaining a confession
Brown v. Mississippi
whipping to obtain a confession
goals of police interview
obtain admissible statements from suspect
- admissible = can be corroborated
- statements that fit with the evidence gathered
all interviews must be conducted within the constraints of the law
- provable lies
Psychological coercion
“necessary evil”?
- lying about evidence
- promising lenient treatment
- implying threats to loved ones
Mr. Big technique
noncustodial procedure that happens outside interrogation room
Smith et al.
- undercover officer pose as member of criminal organization and recruit suspect
- to be accepted for ‘bigger job’ must confess to a serious crime to the ‘boss’
- why: insurance for gang, so they can make problem ‘disappear’
-75% success rate, 95% conviction rate
- new rulings may make this more difficult to use
R v. Mack
mr big technique used
R v. Mentuck
Mr big technique used
R v. Hart
- burden of proof is on crown to show that probative value of mr. big outweighs prejudicial effect
- any action that causes confession to be coerced may be deemed unacceptable
- unclear on meaning of this
Inbau et al.
book “criminal interrogation and confessions”
- outlines reid model
- plain interrogation room
- evidence folder in hand
- suspect alone in interrogation suite prior
Reid Model
- developed by John Reid
-9 step model of interrogation used frequently in North America (not canada) to extract confessions from suspects - stage 1: gather evidence and interview witnesses
- stage 2: non accusatory interview
- stage 3: accusatory interview
Steps:
1. confront with guilt
2. psychological themes to justify
3. Interrupt denial attempts
4. overcome objection to charges
5. ensure have attention
6. exhibit sympathy
7. offer explanations (face saving)
8. develop admission of guilt to full confession
9. written and signed confession
what is the reid model based on?
people make choices that they think will maximize their well being given constraints they face
- consequences of confession become more desirable than anxiety of deception
minimization technique
soft sell, lull into false sense of security
maximization technique
scare tactic, intimidate suspect
Kassin et al.
survey of 631 investigations
- parts of reid model used: isolating suspects, build rapport
- less common but still used: providing justifications, implying/ pretending to have evidence
King and Snook
analysis of police interrogations used
- number of Reid techniques used did relate to interrogation outcomes but may be due to other factors
Problems with Reid model
deception detection
- police must determine suspect is guilty when claiming innocence
- little research support at accurate detection
investigator bias
- police already formed belief and seek out and interpret information that supports this belief
Miranda V. Arizona
Miranda rights
Eastwood and Snook
- ppl have difficulty understanding cautions
- written format = better comprehension
Eastwood et al.
high school students understand 40% of material in rights waiver
Charter Rights and Freedoms
section 10b
- right upon arrest to retain and instruct counsel without delay and to be informed of this right
Section 7
- right to life liberty and security and right to not be deprived (R v. Herbert) right to silence
R v. Singh
right to silence, made incriminating statements
- did not violate his rights
R v. Oickle
confession rule
- statements must be voluntary
R v. Chapple
free will compromised
- confession rule
PEACE model
P- planning and preparation E- engage and explain A- account C- closure E- evaluation
