Criminal Psychology Chapter 11 - part 1 Interrogations and Confessions Talbot Kellogg Community College

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

The role of the Psychologist Evaluator Procedures used in police interrogations Educator Expert Witness Author of an amicus brief

Interrogations/ Interviews Definition: ______________________________________________________________ The reality. Interrogation v. Interview

What is allowable in this process? Legally permissible interrogation tactics. The Goals of Law-enforcement.

Manipulative Tactics Minimization – “soft sell” Maximization – “scare tactics” Knowledge-Bluff – Baiting questions – Rapport Building – “emotional appeal”

Tactics that are illegal Promises, Threats, & Lies? Physical or psychological coercion

The Question Does the suspect reasonably think he or she is in sufficient danger? Rule of Thumb Any 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)