Criminal PsychologyCriminal Psychology

Chapter 11(a)Chapter 11(a)

Interrogations and Interrogations and ConfessionsConfessions

TalbotTalbot

Kellogg Community CollegeKellogg Community College

The Importance of ConfessionsThe Importance of Confessions Confession – An admission of guilt.Confession – An admission of guilt.

Why so important?Why so important?

““No other class of evidence is so profoundly No other class of evidence is so profoundly prejudicial… Triers of fact accord confessions prejudicial… Triers of fact accord confessions such heavy weight in their determinations that such heavy weight in their determinations that the introduction of a confession makes the other the introduction of a confession makes the other aspects of a trial in court superfluous, and the aspects of a trial in court superfluous, and the real trial, for all practical purposes, occurs when real trial, for all practical purposes, occurs when the confession is obtained.” the confession is obtained.” ((Colorado v. ConnellyColorado v. Connelly, 1986, , 1986, p. 182).p. 182).

Supreme Court Justice William BrennanSupreme Court Justice William Brennan

The role of the Psychologist

Evaluator Procedures used in police

interrogations Educator

Police General Public

Expert Witness Author of an amicus brief

Interrogations/ InterviewsInterrogations/ Interviews

Definition: The exploration and Definition: The exploration and resolution of issues, not necessarily resolution of issues, not necessarily the gaining of a written or oral the gaining of a written or oral confession.confession.

Location of physical evidence.Location of physical evidence. The presence of accomplices.The presence of accomplices. Other details of the crime or related crimes.Other details of the crime or related crimes.

The reality.The reality. Gain information useful in the attainment of Gain information useful in the attainment of

the immediate goal.the immediate goal.

Interrogation v. InterviewInterrogation v. Interview

What is allowable in this process?What is allowable in this process?

Legally permissible interrogation tactics. Legally permissible interrogation tactics. 1.1. Misrepresentation of the facts.Misrepresentation of the facts.

2.2. The use of techniques that take unfair advantage of The use of techniques that take unfair advantage of the emotions, beliefs, or medical condition of the the emotions, beliefs, or medical condition of the defendant.defendant.

3.3. Failure to inform the suspect of some important fact or Failure to inform the suspect of some important fact or circumstance that might make the suspect less likely circumstance that might make the suspect less likely to confess.to confess.

The Goals of Law-enforcement.The Goals of Law-enforcement.

Misrepresentation of the FactsMisrepresentation of the Facts

An accomplice/other suspect has An accomplice/other suspect has named him/her as the primary named him/her as the primary perpetrator.perpetrator.

Informing the suspect that family has Informing the suspect that family has confessed.confessed.

Subjecting the suspect to a staged Subjecting the suspect to a staged identification procedure (line-up).identification procedure (line-up).

Informing the suspect that the victim Informing the suspect that the victim of a murder is still alive.of a murder is still alive.

The use of techniques that take unfair The use of techniques that take unfair advantage of the emotions, beliefs, or advantage of the emotions, beliefs, or

medical condition of the defendant.medical condition of the defendant. Feigning support, sympathy, or

concern (good cop). Playing on superstitions. Promising secrecy or confidentiality. Telling the suspect that not

confessing could have repercussions on the police officer or on the suspect’s family.

Failure to inform the suspect of some important Failure to inform the suspect of some important fact or circumstance that might make the fact or circumstance that might make the

suspect less likely to confess.suspect less likely to confess.

Failing to inform the suspect that an attorney has called and inquired into their case.

Pretending that evidence favorable to the defendant is non-existent.

Manipulative Tactics

1. Minimization – “soft sell” Techniques in which sympathy, face-saving

excuses or moral justifications are offered by the interrogator.

2. Maximization – “scare tactics” Exaggerating the seriousness of offense and

magnitude of the charges. Knowledge-Bluff – Possession of evidence or insight

regarding the suspect’s guilt. Baiting questions – implies the police already know

the answer.

3. Rapport Building – “emotional appeal” Mutt and Jeff – “Good-cop, Bad cop”

Tactics that are illegalPromises, Threats, & Lies?

Physical or psychological coercion Physical force Abuse Torture Threats (even implicit ones) of harm or

punishment Prolonged isolation or deprivation (food and

sleep) Unfounded promises of leniency Failure to give Miranda Certain types of psychological manipulation

““Obliquely suggesting the prospect of Obliquely suggesting the prospect of harm to the suspect, his relatives, or harm to the suspect, his relatives, or his property can be interpreted as his property can be interpreted as psychological abuse even though psychological abuse even though these suggestions do not assume the these suggestions do not assume the form of explicit threats” form of explicit threats” (Rogers v. (Rogers v.

Richmond, 1960)Richmond, 1960) – – Supreme CourtSupreme Court

The Question

Does the suspect reasonably think he or she is in sufficient danger?

Rule of ThumbAny promise referencing an escape

from punishment or the mitigation of punishment invalidates a confession.

This includes any indirect offering of doing what they can to help.

Why are not all deceitful tactics excluded?

Justice Thurgood Marshall Martin E. Frazier decision (1969)“The fact that the police misrepresented

the statements that Rawls had made is, while relevant, insufficient in our view to make this otherwise voluntary confession, inadmissible.”

Innocents don’t confess!