Class Notes
Reserve Desk
http://dogsbody.psych.mun.ca/2150/
False Confessions & Police Interrogations
Outline
False Confessions
The Reid model of interrogation
Interrogations and the courts Recommendations
False Confession
A false confession occurs when an individual confesses to a crime they did not commit or exaggerates their involvement in a crime they did commit
Incidence
Bedeau & Radelet (1987) 49 out of 350 cases
Scheck, Neufeld, & Dwyer (2000)
15 of 70 cases
Innocence Project in NY City
35 out of 130 cases (DNA exonerations)
Types of False Confessions
a) Voluntary false confessions
b) Coerced-compliant false confessions c) Coerced-internalized false confessions
a) Voluntary False Confessions
A voluntary false confession occurs without being prompted by the police Can be the result of a desire for notoriety, an inability to distinguish fact from fantasy, an attempt to protect the real offender, a need to be punished
Charles & Anne Lindbergh‟s Baby Son
b) Coerced-Compliant
A coerced-compliant false confession occurs in response to a desire to escape further interrogation or to gain a promised reward The confessor knows that they did not commit the crime
Gerry Conlon and the IRA bombings
c) Coerced-Internalized
A coerced-internalized false confession results from highly suggestive interrogations
The confessor comes to believe that they did commit the crime Some people are more susceptible to this type of confession (e.g., those with learning disabilities)
i) Vulnerable Memory
Mentally weak (IQ < 80) Drugged/Intoxicated Sleep Deprivation Interrogative Suggestibility State of Anxiety
ii) Use of false evidence
Polygraph really detects „lies‟
DNA found at crime scene Witness identified suspect
Co-suspect implicated suspect in crime
The Paul Ingram Case
Characteristics of confessions?
Younger > Older Caucasians > Blacks/Asians Females > males First offenders > previous convictions Property > Violent Non-Serious > Serious Strong evidence > weak evidence
Characteristics of confessions?
Detectives > Patrol Officers
Significant tactics:
– Appeal to suspects conscience – Point out contradictions in story – Offer moral justifications – Use praise and flattery
Compliance and Suggestibility
– Compliance: Tendency to go along with people in authority (related to coercedcompliant confessions)
– Suggestibility: Tendency to internalize information communicated during questioning (related to coerced-internalized confessions)
Police Interrogations
Police Investigations
Rely on witnesses, victims, and suspects to fill in the crime details Who was involved, what happened, where and when did it happen, how did it happen, why did it happen Evidence is collected through interviews, interrogations, confessions, etc.
Police Interrogations
– Obtain a confession
– Gain information that will further the investigation (e.g., the location of evidence)
The Coercive Nature of Police Interrogations
History of coercive measures:
– Mid-1900s: whipping suspects to get a confession was common practice
– 1980s: stun guns used by the NYPD to extract confessions
– More recently: psychological methods such as trickery and deceit (e.g., lying about evidence)
7 Common Police Tactics That Elicit False Confessions
1. 2. 3.
4.
5. 6.
7.
Repeatedly stating confidence in guilt Isolate suspect from contradictions to guilt Long, emotionally intense interrogations Emphasize “evidence” proving guilt Undermine suspect‟s confidence in memory Demand suspect accept interrogator‟s explanations for crime Induce fear about consequences
The Reid Model of Interrogation
The Reid model is the most common interrogation method used in Canada
Reid Model….
Involves 3 stages:
– Gather evidence – Conduct a non-accusatorial interview to assess guilt (detecting deception)
– Conduct an accusatorial interrogation to obtain a confession
Step 1: Direct Positive Confrontation
Certain
and confident evidence is good
Fabricated
Pause,
observe, repeat confrontation
Passive
reaction = Deception
Two Kinds of Suspects
1. Emotional Feels Interrogator Approach Distress / Remorse Sympathetic 2. Non-Emotional Nothing particularly Factual Analysis
Appeal to…
Conscience
Reasoning / Common Sense
Step 2: Theme Development
Possible themes for emotional suspects:
Anyone in situation would have done same Minimize crime‟s moral seriousness Suggest morally acceptable reasons
Condemn victims to sympathize with suspect
…
…themes for emotional suspects
• Praise & flattery
• Suspect‟s role in crime has been exaggerated • Not in suspect‟s best interest to continue with criminal activities
Themes: Non-emotional Suspects
•
Catch them in a lie Get suspect associated with crime scene Non-criminal intent behind act No point in denying involvement
•
•
•
•
Play one co-offender off the other
Step 3: Do Not Allow Denials
Innocent • Spontaneous • Forceful • Direct • Eye-contact • Leans forward in chair • Assertive posture
Guilty • Hesitant • Defensive • Qualified
Steps 4: Overcoming Objections
Guilty
Denial
Objection
Withdrawal
Act here
Not Guilty
Continue With Plain Denials
Steps 5: Procurement and Retention of Suspect‟s Attention
•Reduce psychological distance
Step 6: Handling Passiveness
Main emphasis = Play on weaknesses
• Set their mind on the theme • Crying = Suspect ready to confess • Blank stare and complete silence = Move on to Step 7
Step 7: Alternative Questions*
Most important part of Reid technique
Timing is critical Present 2 options
Best
case Worse case
Step 8: Orally Relate Offence Details
• Proper
recording is a nuisance
Step 9: Convert Oral Confession into Written Confession
•Written confession is more incriminating
Link between False Confessions & Reid Technique
False Confessions in the Laboratory
No False Evidence
False Confession Type Compliance Internalization Confabulation Not Vulnerable (Slow Pace) 35% 0 0 Vulnerable (Fast Pace) 65% 12% 0
False Evidence
Not Vulnerable Vulnerable (Slow Pace) (Fast Pace) 89% 44% 6% 100% 65% 35%
Reid Model of Interrogation
The psychology behind this technique is to make the anxiety associated with not confessing to the crime greater than the anxiety related to the consequences of confessing
Problem 1: Detecting Deception?
Police officers cannot detect deception – determining guilt which determines whether the Reid Technique will proceed is based on a very poor assumption! The Kassin & Fong (1999) Study
Problem 2: Investigator Biases
Assumption of Guilt
– Similar cases in the past – Prior experiences guides assumptions – Stereotypes or criminal profiles
Problem 3: Coercive Tactics & Interrogation
Minimization: Soft sell techniques that provide a sense of false security (e.g., “don‟t worry, the victim was probably asking for it”)
Maximization: Scare tactics that intimidate (e.g., “there‟s no way you‟re going to get off with the evidence we have”)
Who‟s Likely to Elicit False Confessions?
Police with over-confidence in guilt and ability to detect deception through non-verbal cues
Problem 4: Suspect Vulnerabilities
Current mental state Mentally weak (IQ < 80) Drugged/Intoxicated Sleep Deprivation Compliance & Suggestibility State of Anxiety Reading ability Understanding of legal rights
Beyond False Confessions
Inadmissible confessions that are TRUE! Coerced confessions resulting in resentment Coercion resulting in post-traumatic stress disorder Undermining public confidence The „boomerang effect‟
Confessions & The Court of Law
Admissibility of Confessions
For confessions to be admitted into court they must:
– Be given voluntarily
– Be given by a person who is competent
…Admissibility of Confessions
Confessions that are obtained by overtly coercive tactics (e.g., denying the suspect food) will not be admissible in court (R. v. Hoilett, 1999) More subtle forms of coercion (e.g., exaggerating evidence) are acceptable in Canada (R v. Oickle, 2000)
What‟s Allowed in Canada?
The Common Law Confessions Rule
Threats or Promises Oppression
Operating Mind
Other Police Trickery
Recommendations
Recommendations…
Transparency of Interrogation Process
Identification of Suspect Vulnerabilities Avoidance of Techniques that increase Likelihood of False Confessions
Recommendations…
Post-Interrogation Analysis of Confession Reliability (Hold back evidence) Training of all officers (reliability of recording) – Training supervisors/ managers at the same time as operational officers is imperative
The British PEACE Model
Ethical – Inquisitorial Framework Purpose of interview is formally stated Caution or Rights properly given Rapport is established “Conversational Management”
Elimination of coercive interrogations but same level of confessions!!