False Confessions: Causes, Consequences

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False Confessions Causes, Consequences
Solutions

• Richard Leo, Ph.D., J.D.
• Associate Professor
• University of San Francisco
• School of Law
• [phone]
• Email rleo_at_uci.edu

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1st Part of Talk Overview

• How do we know that false confessions are a
  problem?
• Why do the innocent falsely confess?
• What are the consequences of false confession?

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Studies of Documented False Confessions
Author/Year in Study of False Confessions Wrongful Conviction
Bedau/Radelet (1987) 350 49 14
Leo/Ofshe (1998) 60 60 N/A
Warden (2003) 42 25 60
Drizin/Leo (2004) 125 125 N/A
Gross et al. (2005) 340 51 15
Innocence Project (2006) 180 44 24

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Pathways to False Confession

• 1st The Misclassification Error
• 2nd The Coercion Error
• 3rd The Contamination Error

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Consequences of False Confessions The System
POLICE Close Case, Ignore Contradictory Evidence, Refuse to Admit Error PROSECUTORS Set Higher Bail, More and Higher Charges, Make Centerpiece of States Case
DEFENSE ATTORNEYS Presume Clients Guilt, Pressure Client to Plead Guilty JURIES More Likely to Convict, Even if Confession Was Coerced
JUDGES Sentence Higher for Failure to Show Remorse POST-CONVICTION Law Almost Never Permits Appeals Based on Innocence
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2nd Part of Talk A Closer Look

• The Psychology of Police Interrogation and False
  Confession
• The Decision to Interrogate
• The Two Step Process of Interrogation
• The Psychology of Compliance Persuasion
• Risk Factors
• Minimizing and Preventing False Confessions
  Possible Reforms

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Reforms Electronic Recording

• The Problem of Misleading Specialized Knowledge
  
• Case Studies
• 1) Earl Washington
• 2) Bruce Godschalk

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Other Possible Reforms

• Improve Police Interrogation Training and
  Practice
• Hold Pre-Trial Reliability Hearings
• Limit/Prohibit Certain Interrogation Tactics
• Cautionary Jury Instructions