Week 4 Flashcards
Interview
Purpose: to gain info
Interrogation
Purpose: to obtain a confession
- > admission: “I was there” -> suspected more
- > confession: “I did it”
Interrogate the person suspected of the crime
Police can use deception and lie about evidence against you
Confession
“I did it”
Most probative and damaging evidence against
- more impact than eyewitnesses and character testimonies
- > FALSE confession more damaging than evidence
Not always indicative of guilt
Miranda Rights
Miranda shown in biased lineup
Arizona v. Miranda- criminal case against Miranda (convicted and sentenced)
Miranda v. Arizona- Miranda’s appeal case
Az supreme court upheld conviction based on Escobedo v Illinois
-> US Supreme Court overturned conviction (later retried and convicted, creation of Miranda Rights)
Limitations to Miranda Rights
Must be CLEAR that you want to lawyer
-no ambiguity (Davis v. US)
Parent who wished to involve Rights for child must not be ambiguous (Ricky Mitchell v. New York)
Silence in and of itself does not mean that you’ve invoked you Rights (Berghuis v. Tompkins)
Police use specific interrogation techniques to get around Miranda
Making an informed waiver of rights rests on three abilities
Understanding the words/phrases
An accurate perception of what these Rights allow (Rights supersede police power)
Capacity to reason about the likely consequences of waiving or invoking rights
Individuals with difficulty understanding their rights
Juveniles (particularly under age 14)
-> 9% invoked Rights, 91% talked to police
Mentally challenged or of lower intelligence
% waive Rights and talk to police?
75-80 %
Innocent suspects waiver Rights more often (81%) than guilty suspects (36%)
Sympathetic strategy by police is most effective
Why they waive their Rights
Guilty
-to appear innocent
Innocent
-believe truth will set them free
Interrogation techniques: Reid technique
Isolated, about 4 hours
small, bare, soundproof room
invade personal space during
one-way mirror
Steps (custody and isolation, confrontation, minimization/maximization- good cop/bad cop)
- confront
- justify or excuse crime
- interrupt denial
- overcome suspects objections
- ensure they do not tune you out
- show sympathy and understanding
- offer face-saving alternatives
- have suspect recount details
- have suspect give full, written confession
Presumption of guilt
“You did it. We know you did it. We have overwhelming evidence to prove you did it. But the reason makes a difference, so why don’t you tell me about it?”
Appeal to suspects self interests is #1
Intentional errors for correction by suspect in written confession
To prevent suspect from coming back later and claiming something about it was inaccurate
Exaggerated/manufactured evidence
Police can legally lie about evidence they supposedly have against suspect
Martha Puebla
Used her as fake eyewitness, and told suspect all about her.
He put a hit out on her -> murdered
False confessions: Voluntary
Fake self-incriminating statement given to police, with NO external pressure to do so from police
Example- Kidnapping of Lindbergh’s baby
Reasons:
fame and notoriety
aid and protect actual perp
False confessions: Coerced-compliant
Confession induced through police interrogation, but don’t believe they have done crime
Example- Central Park jogger
Reasons:
Escape an aversive situation
Avoid an implicit threat
Gain an implied reward
False confessions: Coerced-internalized
Confess and come to believe they ACTUALLY committed the crime
Example- Paul Ingram (possessed by devil), Crowe
Reasons:
Anxious, tired, confused, subject to highly suggestive methods of interrogation
Interrogating minors
Use same techniques as with adults
- assume they are qualitatively different than other minors (monsters)
- > more vulnerable (increased risk of false confession)
Four ways to know it is a false confession
1) No crime actually occurred
2) Physically impossible for suspect to have committed the crime (in jail, proof somewhere else, out of state)
3) Actual perp is ID (most common for exonerations)
4) Scientific evidence that definitively establishes innocence (DNA most common)
False confession age and length of interrogation
35% false confessions from minors
18-24; 27%
25-39; 30%
Most confessions obtained between 6 to 24 hours
Recording interrogations
Most states do not require
Provide
- objective and accurate account
- can prevent coercive tactics
- can protect police against defense claims of coercion
- less time taking notes for police
Child witnesses
May be only witness to crime (sexual abuse case)
Reluctant to report (<50% when first suspected because external evidence)
Reliability of Child’s testimony
McMartin preschool case
-> false allegations called reliability into question
Age related differences
Clear developmental trend
- Preschoolers (3-5) less accurate than older children (school aged) and adults
- Children under 6 most suggestible
Compared with older children (7-12), younger children (3-5):
- provide less detailed, complete and consistent reports of emotional and stressful events
- more prone to forgetting over time
- more susceptible to suggestion