Interrogations And Confessions Summary: A Primary Goal ✓ Solved

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2 Interrogations and Confessions SUMMARY A primary goal of

A primary goal of police officers is to obtain a confession from a suspected criminal. It is estimated that self-incriminating statements are obtained from about 68% of suspects interrogated by police. Confessions save time and money, and they are almost certain to result in a conviction because they are one of the most powerful types of evidence in jury verdicts. Although jurors can oftentimes identify when confessions have been coerced, they are unable to ignore such confessions when making their decisions. Jurors are also likely to make a fundamental attribution error by blaming the suspect’s behavior on him or her rather than on the circumstances surrounding the confession.

It is the judge’s responsibility to determine whether there is convincing evidence that a confession was coerced and, if the judge decides there is, to disallow it and so prevent the confession from being presented in court. Interrogation techniques have undergone changes over the years. Whereas prior to the 1930s, suspects were essentially tortured, the Report on Lawlessness in Law Enforcement led to legislation banning such processes. The ban led interrogators to switch to forms of physical abuse that would leave no marks on suspects. More recently, psychological forms of abuse have become popular and if a confession is deemed to have been obtained by coercion, the confession is said to be inadmissible.

The term coercion is, however, not well-defined in the legal sense, and police routinely lie to suspects about evidence (e.g., eyewitnesses or fingerprints) that they actually do not possess. Because coercion is not clearly defined in the U.S. legal system, other than physical abuse, it is very difficult to have juries form a consensus if coercion has occurred. But suspects are not without legal protection. Since 1966, they must be read their Miranda rights before being interrogated. These rights are to remain silent, to have an attorney present at questioning, have an attorney provided free of charge if they cannot afford to hire an attorney, and to assent that they understand their rights.

Unpredictably, 80% of suspects waive their Miranda rights. Innocent people feel they have nothing to hide, and guilty people want to appear cooperative. If they waive their Miranda rights, an interrogation following the nine-step Reid technique is likely to ensue. The Reid technique specifies the desired physical characteristics of the questioning environment as well as four strategies for extracting confessions—creating in suspects a sense of loss of control, social isolation, convincing suspects of the certainty of their own guilt, and offering suspects exculpatory scenarios. For those being interrogated as suspects, having all aspects of the physical location and the process of interrogation determined by the interrogator generally result in feelings of loss of control.

Feelings of social isolation are enforced by questioning the person with none of his or her acquaintances present. Interrogators accuse him or her, dismissing all denials, while presenting fictitious evidence to create a certainty of guilt and maximize the apparent case against the suspect. Last, they provide exculpatory scenarios, which are acceptable explanations for why the suspect may have committed the crime, implying these may result in reduced punishment. False confessions have been implicated in 25% of wrongful convictions. They are especially likely to occur in cases involving very serious crimes.

Certain classes of individuals are particularly vulnerable to giving coerced false confessions. These include people with a low IQ, developmental disabilities, low socioeconomic status, strong desires to comply as well as those who are highly suggestible or sleep deprived. Being young is among the strongest of factors implicated in false confessions. There are four categories of false confessions: (1) instrumental (to achieve a goal), (2) authentic (the suspect believes in his or her own guilt), (3) coerced, and (4) voluntary. A well-known case, the “Guilford Four” in which three men and one woman, members of the Irish Republican Army, confessed to exploding bombs in two pubs, was instrumental in effecting policy change in the way interrogations were to proceed in England and Wales.

The case led to the Police and Criminal Evidence Act, prohibiting interrogators from lying to suspects or intimidating them. All interviews had to be recorded and an “appropriate adult” had to be present when a young or vulnerable suspect was being questioned. Whether such reforms simply changed the venue of such questionable interrogation tactics to a location other than the interrogation room is unclear. In the United States, police still retain the right to lie to suspects, which has led some to question whether this may lead the police to believe that lying is acceptable in other forums as well, such as the courtroom. Possible remedies for addressing false confessions include video recording of interrogations.

Many states now require the recording of criminal case interrogations, though this practice leads to additional problems, such as introducing edited videos. Another associated problem concerns camera focus. The person the video focuses on is seen by viewers as more powerful than if he or she were not the focus. Because of this perception, if the suspect is the video’s focus, his or her confession is interpreted as having been less coerced or not coerced at all. Other potential remedies for the false confession problem are to set time limits on interrogations, ensure that vulnerable suspects have an “appropriate adult” present during questioning, and allow expert testimony on false confessions in court.

Another well-known case of a possible false confession and repressed memories was the case of Paul Ingram. In 1988, Paul Ingram was a deputy sheriff and married father of five. One of his daughters, Erika, at the age of 22, brought allegations against her father of sexual abuse and Satanic rituals involving sacrificing live babies and full-term fetuses. When she first spoke to police, she stated that she and her sister were abused up until she was 9 years old and her sister Julie was five years old. After continuous questioning, Erika stated she had also been recently abused by her father.

Julie also backed up Erika’s story. Paul Ingram was interrogated by police and hypnotized but could not remember any of the events of abuse. He was told by a psychologist that sex offenders often repress memories they do not wish to acknowledge. At the urging of his pastor, Paul confessed. Dr. Richard Ofshe was hired by the prosecution to examine the case, and he concluded that Paul Ingram’s confession was false. His confession was coerced through faulty hypnosis and planting of thoughts and narratives in Paul’s mind and in the minds of his children. Dr. Ofshe also found that the police and interrogators used leading questions throughout the interrogation procedure. Though no charges were brought for the Satanic rituals and baby sacrifices, Paul Ingram was found guilty of six counts of rape against his daughters and sentenced to 20 years in prison.

Paper For Above Instructions

Interrogations and confessions are critical components of the criminal justice system, with the primary aim being to elicit truthful confessions from suspects. However, the methods used by law enforcement to obtain these confessions have been subject to scrutiny due to ethical concerns surrounding coercion and false confessions. This paper will explore the prevalence of coercive interrogation techniques, the psychological factors contributing to false confessions, the legal protections available to suspects, and potential reforms to mitigate the issues associated with interrogative practices.

The Importance of Confessions in Criminal Proceedings

Confessions are one of the most powerful types of evidence presented during a trial. Research indicates that approximately 68% of suspects subjected to police interrogation provide self-incriminating statements (Kassin, 2008). These confessions can often lead to quicker convictions and reduced trial costs for the judicial system. However, jurors may not always be able to distinguish between coerced and voluntary confessions, which raises concerns regarding the reliability of confessions as evidence (Leo, 1996).

Evolution of Interrogation Techniques

The techniques employed during interrogations have evolved significantly over time. In the early 20th century, physical violence was common, but reforms led to the adoption of more psychological methods. The introduction of the Reid technique, which emphasizes a nine-step process involving tactics designed to manipulate the suspect's emotions and perceptions, is a prominent example of modern interrogation practices (Inbau et al., 2013). Despite the shift away from physical abuse, these psychological tactics can lead to situations where coercion occurs under the guise of lawful interrogation procedures.

The Problem of Coercion and False Confessions

Coercion can be defined as the use of pressure to persuade someone to act in a manner against their will (Gudjonsson, 2003). In many cases, the lines between legal interrogation and coercion are blurred. This ambiguity makes it challenging to determine the voluntariness of confessions when jurors evaluate cases. Vulnerable populations, such as juveniles and individuals with cognitive impairments, are particularly susceptible to providing false confessions (Gisli & Gudjonsson, 1991). Studies show that approximately 25% of wrongful convictions are linked to false confessions (Kassin et al., 2010).

Legal Protections for Suspects

In an effort to safeguard the rights of suspects, the U.S. legal system requires that individuals be informed of their Miranda rights prior to interrogation (Miranda v. Arizona, 1966). These rights include the right to remain silent and the right to legal counsel. Despite this, over 80% of suspects waive their Miranda rights, often believing they have nothing to hide or wanting to appear cooperative (Friedman, 2008). The implications of waiving these rights can lead to vulnerabilities during the interrogation process.

Potential Reforms to Address False Confessions

Several reforms have been proposed to reduce the incidence of false confessions and enhance the reliability of interrogation processes. One significant measure involves video recording interrogations, which provides a comprehensive record of the procedures and interactions that occur (McGowan, 2012). Additionally, implementing strict time limits on interrogations may minimize the risk of coercion, while ensuring that appropriate adults are present during questioning of vulnerable suspects can offer necessary protections (Hornsby, 2013).

Conclusion

In conclusion, while confessions play a pivotal role in the criminal justice system, the mechanisms for obtaining them must be carefully examined to uphold justice and protect the rights of all individuals involved. By understanding the psychological impacts of interrogation methods, the necessity for robust legal protections, and the potential for reforms, the justice system can better manage the balance between effective policing and ethical treatment of suspects.

References

• Cialdini, R. (2006). Influence: The psychology of persuasion. Harper Business.
• Friedman, L. (2008). Miranda Rights: The right to silence and attorney representation. Criminal Justice Journal.
• Gisli, H., & Gudjonsson, G. H. (1991). The influence of psychopathology on the vulnerability of confession. Psychology, Crime & Law.
• Gudjonsson, G. H. (2003). The psychology of interrogations and confessions. Wiley.
• Hornsby, K. (2013). Interrogation practices and the rights of juveniles in the U.S. Youth and Justice Journal.
• Inbau, F. E., Reid, J. E., Buckley, J. P., & Jayne, B. C. (2013). Criminal interrogation and confession. Jones & Bartlett Learning.
• Kassin, S. M. (2008). Confessions in the courtroom. Law and Human Behavior.
• Kassin, S. M., & Sukel, H. (1997). Coerced confessions: Psychologically induced confessions and the law. Psychology, Crime & Law.
• Kassin, S. M., Bogart, D., & Skop, S. (2010). False confessions: Causes, consequences, and solutions. Journal of Criminal Law and Criminology.
• Leo, R. A. (1996). The impact of psychological coercion on confessions: An empirical study. Crime and Justice.

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