Chapter 3: Interrogations and Confessions

Power of Confession
• Goal of questioning is to elicit confession.
o 39%-48% of suspects make full confessions.
o 13%-16% of suspects make damaging statements or partial admissions.
o 68% of police-interrogate suspects make self-incriminating statements.
• Why do police prefer confessions?
o Confessions save time.
o Trials are avoided; convictions are almost guaranteed.
o Research shows mock jurors do not discount confession, even if false.
o This may be explained by fundamental attribution bias.
• The existence of a confession predisposes juries toward reaching a guilty verdict.
• Mock jurors were asked whether they judged the confession to be voluntary, whether it
influenced their verdict and whether they voted for conviction (Kassin & Sukel, 1997).

Evolution of Interrogation Techniques

• Prior to 1930
o Use of direct physical violence
• 1931 to 1960
o Report on Lawlessness and Law Enforcement led to covert abuse that did not
leave marks, including such things as deprivation, isolation, and intimidation
• Since 1961
o Series of legal decisions pushed police from covert physical to more
psychological coercion forms
o Culombe v. Connecticut, 1961;1961: Totality of circumstances
• Judges must look at all circumstances surrounding interrogation
o Davis v. North Carolina, 1966; Reck v. Pate, 1961; Townsend v. Swain, 1963
• 1966: Miranda Rights (Miranda v. Arizona)
o To remain silent
o To have attorney present during questioning
o To have appointed attorney when financial need exists
o To acknowledge understanding of rights
• Are rights waived? Why?
o 80% of suspects waive rights and are subject to interrogation.
o Police delivery of Miranda rights may be perfunctory, rushed, or ritualistic in
manner.
o Suspects may be upset, lack clear thinking, or unable to understand that rights
are being waived.
Modern Interrogation
• Modern interrogation is primarily psychological (e.g., good cop/bad cop)
• Police receive training and are familiar with interrogation manuals and techniques
 • Most widely used reference by Inbau and colleagues offers detailed advice on every
aspect of interrogation processes.
• Central to the process is the Reid technique.
• Reid technique
o Involves a 9 step technique that represents the general flow of many
interrogations
o Includes 4 psychologically powerful strategies
• Loss of control
• Social isolation
• Certainty of guilt
• Exculpatory scenarios
• False Confessions

Types of False Confessions

• Four types of false confessions across two dimensions
o Instrumental or authentic
o Voluntary or coerced
• Cases can involve all four types of confessions
o Instrumental-coerced false confessions: Suspects confess to crimes not
committed; most common false confession in criminal cases
o Instrumental-voluntary false confessions: Suspects provide false confession as
means to end
• Do it for stuff
o Authentic-coerced false confessions: Suspect becomes convinced of own guilt
after long, intense interrogation; vivid false memories may be created
o Authentic-voluntary false confessions: Suspect suffer from delusion and confess
with little or no pressure from interrogation

Should Interrogators Be Allowed to Lie?

• United States
o Police interrogators are legally allowed to use false evidence ploys.
• England and Wales
o PACE Act makes it illegal to lie
o Witness must be present
o Interrogation must be audio-recorded
o Intimidation is not permitted
• Reid technique- commonly used in US
• PEACE model- commonly used in UK
o Higher number of false confessions associated with the Reid technique than the
PEACE model
o 2 main causes of false confessions
• manipulative/coercive interrogation techniques
• suspects' vulnerabilities in interviews
Potential Solutions to Problems of False Confessions
• Video recording of interrogations
o Creates a permeant record
o Improves interrogation methods
• Video recording can be manipulated, especially if interrogation is partially recorded
o Recording admission and not interrogation
o Only showing segments at trial
o Manipulating camera angles
• Time limits and expert testimony
o Lengthy interrogations common in false confessions
o Four hours or less is recommended
• Appropriate adult witness for vulnerable suspects
o Juveniles should be provided with appropriate adult figure during questioning
o Subjects with mental impairment require special treatment during interrogation
• Expert testimony on interrogations and confessions
o Expert witnesses can provide assistance
• Discussing pertinent research that documents police-induced false
confession
• Explaining relationship between heightened risk rate of false confession
and specific interrogation methods
o Case law supports admissibility of expert testimony
o About 3/4ths of jurors believe expert witness testimony would be helpful

The Use of Torture in Interrogations

• Practices such as waterboarding violate international and national treaties and laws
• Ethical and moral codes of conducts are also violated
• Little research on effectiveness
o Irrefutable evidence that less coercive interrogation can produce verifiability
false confessions
• Actions based on false information from torture may have dire consequences, especially
in military actions
• Taciturn: temperamentally disinclined to talk

Group Interrogation May Help to Reveal Liars

• U.S, police manuals promote the myth that suspects are reluctant to talk
• Truth-tellers interrupt and correct more often
• Deceivers are more taciturn
• Truth-tellers' interactions with one another comes more naturally than it does for liars

Laws Around Questioning Minors

• Minors can be questioned without a guardian
o Protected by laws that require parental consent (depending on circumstances)
o If laws are not followed, repercussions follow
• Fifth & Sixth Amendments
o Protected by the amendments (5th & 6th)
o Police can speak with a minor who is a witness without parental consent
• Minor is a suspect
o Needs to understand “right to remain silent”
o Be represented by an attorney
§ Terminate the interrogation at any time–wave rights as long as they
make the decision knowingly, intelligently, and voluntarily
§ Incomplete confessions that don’t follow statutory criteria cannot be
used against them
• Law requires juvenile cases to be moved if it involves a serious felony, and the accused
was at least 14 at the time the incident occurred
• If under 14, it gives prosecutors the authority to ask the court to order transfers in cases
involving less serious offenses