Confessions Chapter 11 11-1

What is an Interrogation? Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way Includes the interrogation environment due to a measure of compulsion

Interrogate Lawfully The opportunity to interrogate must be lawfully obtained There must be an absence of force, threat of force, or promise of leniency There must be compliance with requirements for warnings of constitutional rights to a custodial suspect

Compliance Since Miranda The police have been compliant with the rule of Miranda. Studies on the efficacy of interrogation suggest that interrogations leading to confession are common and that American police officers are good at obtaining confessions.

Effects of Miranda on Confessions Suspects frequently waive their rights and choose to speak to interrogators Suspects continue to provide confessions May be at a lower rate than pre-Miranda Clearance and conviction rates have not been affected significantly Fewer police officers may attempt to interrogate

Who is Likely to Conduct Interrogations? Neither race nor gender of the officer has an impact on the outcome Police officers who are most confident in their knowledge of the law are more willing to conduct interrogations

Who is Likely to Waive Their Rights Per Miranda? The vast majority of suspects will waive their rights per Miranda in cases where the officer attempts an interrogation Some change their mind

Why Do People Waive Their Rights? Police use techniques designed to obtain waivers Suspects are not all the same, personalities and experiences dictate who will waive Suspects with prior felony records are least likely to waive

Why Do Suspects Confess? To overcome feelings of guilt and remorse, as well as the fear of retaliation or of losing love A suspect becomes entangled in the decision on whether to speak or invoke the rights to silence and attorney, making those decisions of their perceived probability of the long and short term consequences Suspect paranoia is the motivation that suspects have because they are never sure of exactly what information investigators have. They may attempt to give false information to lead investigators in another direction

Does a Waiver Affect the Case? No statistical difference has been documented between those who waived their rights and those who did not in either subsequent charging or severity of punishment Those who waive are twice as likely to have their case resolved through plea bargaining

False Confession Defined A false confession is a written or oral statement acknowledging guilt, made by one who did not commit the crime

Do False Confessions Occur Often? No solid estimate of the number of false confessions exists A lengthy interrogation of the suspect, 16.3 hours on average, is a common factor in those cases that have been proven to be false confessions

Types of False Confessions Voluntary False Confessions People who voluntarily provide false confessions without any external pressure from the police Compliant False Confession May result in cases of physical or psychological torture Internalized False Confession Some suspects are susceptible to believing that they committed the crime, even though they did not

Reasons for Voluntary False Confessions Due to a pathological desire for notoriety Due to a conscious or unconscious need to relieve guilt over prior wrongdoings Due to an inability to distinguish fact from fantasy Due to a desire to aid and protect the real criminal

Reasons for Compliant False Confessions To escape an adverse situation To avoid an explicit or implied threat To gain a promised or implied reward The suspect perceives immediate gains that outweigh the long term consequences

Reasons for Internalized False Confessions Due to youthfulness Being tired Being confused Being suggestible Being exposed to false information

Improving Interrogations Follow the facts of the case Do not focus or over-rely on reading suspect behavior Know the suspect Place the suspect’s vulnerabilities in context to know if the suspect understands what is being said

Improving Confessions Preserve the evidence Avoid contamination by not showing crime scene photos Use psychology instead of coercion Use minimization, rationalization, and projection

What is Not an Interrogation Situation? Subtle Compulsion Minimal duress which is not the product of the words or actions of the police Traffic Stop An ordinary stop does not constitute custody Sobriety Testing The privilege against self-incrimination does not protect the person from being compelled to produce real or physical evidence A Stop and Frisk Is not considered a search nor is it custody

Interrogation Tactics Police may not use ANY tactic that will coerce an individual to give up his or her rights that are guaranteed by the U.S. Constitution Non-coercive strategies to predispose a suspect to voluntarily waive his or her Miranda rights are permitted

Non-coercive Interrogation Tactics The officer minimizes the potential importance or may blend the rights into conversation Convincing the suspect to waive his or her rights in order to have the opportunity to speak about his side of the situation Conditioning De-emphasizing Persuasion The officer is polite and concerned about the suspect

Case Specific Methods of Interrogation Generally suspects respond with admission to a humane interrogation approach

Child Pornography Cases Make a direct accusation statement that is convincing to the suspect, interrupt and dismiss denials

Avoid these in Child Pornography Cases Avoid using judgmental terms and use interrogation themes to offer the suspect a logical reason why they committed the crime Rationalize the crime Project blame onto others Minimize the offense

Child Sexual Assault Child molesters are among the most likely to confess Give the suspect permission to talk Don’t share any embarrassing secrets to establish rapport Be prepared to listen

Hate Crimes Some suspects assume police share their biased opinions Encourage suspects to talk about their feelings toward a particular minority group Ask the suspect to express their bias motivation Ask questions to establish motive of hate

The Confession Statement Always allow the perpetrator to read and make corrections to their statement Ask if they have anything else to say, the majority will apologize Have them put this in their own writing at the bottom of the confession

Homicide Questions regarding a homicide are usually organized around the four phases of the murder: pre-crime phase, the murder event, the disposal of the body, and the post-crime event

Pre-Crime Phase Ask the offender what he or she did the day prior to the murder and the thoughts and feelings prior to encountering the victim

The Murder Event Question the suspect about how access was gained to the victim, about conversations with the victim, and specifics on methods of torture that were used on the victim

Disposal of the Body Explore the thoughts that the offender had during the killing of the victim and during the disposal of the body Did the offender take anything from the victim?

Post-Crime Phase What did the killer do after the murder took place? What was the state of mind? Does anything indicate guilt, remorse, or a lack of feelings for the victim?

Sexual Assault Cases Sex offenders generally tend to confess more frequently than other suspects Offer a viable alternative to age or consent Gather physical evidence from the offender as part of the interrogation strategy

Truth and Consequences What really happens if the police fail to read a suspect his rights or use coercion to extract information?

Answer: If the police fail to read a suspect his or her rights, they can't use anything the suspect says as evidence against him or her at trial. The prosecution may use the statements to impeach the defendant if he or she decides to take the stand in court. The individual may still be tried in court if sufficient evidence exists that is not related to the illegally gained evidence.

Truth and Consequences Police officers interrogate suspects in most felony arrests Wrong! Officers may not even attempt interrogations in almost half of all felony arrests Experience, motivation, training, and heavy caseloads are among the factors that influence the decision

Truth and Consequences Does an undercover police officer have to admit who they are if a person asks? NO! Police officers are not required to reveal their undercover identity

Truth and Consequences If you haven’t been arrested and a police officer wants to question you about a crime, you must answer the questions Wrong! Refusing to answer a police officer’s questions is not a crime

Truth and Consequences There is no law against lying to the police. Wrong! It is a five year felony to lie to a Federal police officer (Title 18, Part I, Chapter 47, § 1001). Remember Martha Stewart! Some, but not all, states have similar laws.