False Confessions

1

• False Confessions
• Police Interrogations

2
Outline

• False Confessions
• The Reid model of interrogation
• Interrogations and the courts
• PEACE Model of Interviewing

3

• Video

4
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

5
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)

6
Types of False Confessions

• a) Voluntary
• b) Coerced-compliant
• c) Coerced-internalized

7
a) Voluntary False Confessions

• A voluntary false confession occurs without being
  prompted by the police
• Can be the result of
• an attempt to protect the real offender
• a desire for notoriety
• a need to be punished
• inability to distinguish fact from fantasy

8
Charles Anne Lindberghs Baby Son
9
b) Coerced-Compliant

• A coerced-compliant false confession The
  confessor knows that they did not commit the
  crime
• Occurs in response to a desire to escape further
  interrogation or to gain a promised reward
• Most Common type

10
Gerry Conlon and the IRA bombings
11
c) Coerced-Internalized

• A coerced-internalized false confession The
  confessor comes to believe that they did commit
  the crime
• Results from highly suggestive interrogations
• Some people are more susceptible to this type of
  confession

12
i) Vulnerable Memory

• Mentally weak (IQ lt 80)
• Drugged/Intoxicated
• Sleep Deprivation
• Interrogative Suggestibility
• State of Anxiety

13
ii) Use of false evidence

• Failed fool-proof Polygraph test
• DNA found at crime scene
• Witness identified suspect
• Co-suspect implicated suspect in crime

14
The Paul Ingram Case
15
Characteristics of confessions?

• Younger gt Older
• Caucasians gt Blacks/Asians
• Females gt males
• First offenders gt previous convictions
• Property gt Violent
• Non-Serious gt Serious
• Strong evidence gt weak evidence

16
Compliance and Suggestibility

• Compliance Tendency to go along with people in
  authority (related to coerced-compliant
  confessions)
• Suggestibility Tendency to internalize
  information communicated during questioning
  (related to coerced-internalized confessions)

17
False Confession Study
18
False Confessions in the Laboratory
19
Police Interrogations
20
Police Investigations

• Rely on witnesses, victims, and suspects to fill
  in the crime details
• Evidence is collected through interviews,
  interrogations, confessions, etc.

21
Police Interrogations

• Obtain a confession (most important)
• Gain information that will further the
  investigation (e.g., the location of evidence)

22
The Coercive Nature of Police Interrogations

• History of coercive measures
• Mid-1900s whipping suspects was common
• 1980s stun guns used by the NYPD
• More recently psychological methods such as
  trickery and deceit

23

• Video

24
The Reid Model of Interrogation

• The Reid model is the most common interrogation
  method used in Canada

25
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

26
Step 1 Direct Positive Confrontation

• Certain and confident
• Fabricated evidence is good
• Pause, observe, repeat confrontation
• Passive reaction Deception

27
Two Kinds of Suspects
28
Step 2 Theme Development

• Possible themes for emotional suspects
• Anyone in situation would have done same
• Minimize crimes moral seriousness
• Suggest morally acceptable reasons
• Condemn others (e.g., victim)

29
themes for emotional suspects

• Praise flattery
• Suspects role in crime has been exaggerated
• Not in suspects best interest to continue with
  criminal activities

30
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

31
Step 3 Do Not Allow Denials

• Guilty
• Hesitant
• Defensive
• Qualified

• Innocent
• Spontaneous
• Forceful
• Direct
• Eye-contact
• Leans forward in chair
• Assertive posture

32
Steps 4 Overcoming Objections
Guilty

• Denial Objection
  Withdrawal
• Act here

Not Guilty
Continue With Plain Denials
33
Steps 5 Procurement and Retention of Suspects
Attention

• Reduce psychological distance

34
Step 6 Handling Passiveness

• Suspect about to give in
• Focus on central theme
• Crying/Blank stare Suspect ready to confess

35
Step 7 Alternative Questions

• Present 2 options
• Best case
• Worse case
• Most important part of
• Reid technique
• Timing is critical

36
Step 8 Orally Relate Offence Details

• Get full details of the crime

37
Step 9 Convert Oral Confession into Written
Confession

• Written confession is more incriminating

38
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

39
Problem 1 Detecting Deception?

• Reid technique based on deception detection
• People cant do it!
• The Kassin Fong (1999) Study

40
Problem 2 Investigator Biases

• Assumption of Guilt
• Ask more guilt-presumptive questions
• More coercive
• More persistent
• More pressure
• Suspect gets defensive looks guilty by Reid

41
Problem 3Coercive Tactics Interrogation

• Minimization Soft sell techniques that provide a
  sense of false security
• Maximization Scare tactics that intimidate

42
Problem 4Suspect Vulnerabilities

• Current mental state
• Mentally weak (IQ lt 80)
• Drugged/Intoxicated
• Sleep Deprivation
• Compliance Suggestibility
• State of Anxiety
• Reading ability
• Understanding of legal rights

43
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

44
Confessions The Court of Law
45
Admissibility of Confessions

• For confessions to be admitted into court they
  must
• Be given voluntarily
• Be given by a person who is competent

46
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)

47
Whats Allowed in Canada?

• No Explicit Threats or Promises
• No Overt Oppression
• Must have Operating Mind
• Some Police Trickery OK

48
PEACE model of Interviewing

• - Preparation and Planning
• - Engage and Explain
• - Account
• - Closure
• - Evaluation

49
Preparation and Planning

• Interviewee characteristics
• Contribution to investigation
• Questions you want to ask

50
Engage and Explain

• Introduction
• Address needs (e.g., washroom)
• Reason, Rights, Route Map, and Routines

51
Account

• Get free narrative Dont interrupt!
• Probe the account
• Open, Probe, Summarize
• Challenge if needed
• Use evidence
• Inquisitorial approach

52
Closure

• Review the account
• Answer any interviewee questions
• Get/Give contact information

53
Evaluation

• Consider information gained
• Evaluate own performance
• Get supervisor to evaluate
• Should videotape all interviews

54
PEACE vs. REID

• No attempt to detect deception
• Ties person into story vs. presenting up-front
• No coercive tactics
• Not focused on confessions

55
PEACE Model

• Ethical and Inquisitorial Approach
• Elimination of coercive interrogations but same
  level of confessions!