1. 1 Confessions Chapter 11

2. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-2 What exactly 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 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

3. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-3 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

4. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-4 Who Are Likely to Waive Their Rights Per Miranda? Why Do People Waive Their Rights? The vast majority of suspects will waive their rights per Miranda in cases where the officer attempts an interrogation.  Some change their mind Suspects with prior felony records are least likely to waive Police use techniques designed to obtain waivers Suspects are not all the same, personalities and experiences dictate who will waive

5. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-5 Why Do Suspects Confess? 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 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 an attorney, making those decision of their perceived probability of the long and short term consequences.

6. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-6 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

7. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-7 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

8. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-8 False Confession Defined A false confession is a written or oral statement acknowledging guilt, made by one who did not commit the crime 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

9. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-9 Types of False Confessions Voluntary False Confessions People who voluntarily provide false confession without any external pressure from the police  To escape an aversive 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 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

10. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-10 Reasons why some don’t confess … Inhibitors to confession  Fear of legal sanctions  Concern about reputation  Not wanting to admit to oneself  Not want family and friends to know  Fear of retaliation

11. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-11 Improving Interrogations Follow the facts of the case Know the suspect Preserve the evidence Use psychology instead of coercion Do not focus or over- rely on reading suspect behavior Place the suspect vulnerabilities in context to know if the suspect understands what is being said Avoid contamination by not showing crime scene photos Use minimization, rationalization, and projection

12. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-12 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

13. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 11-13 Acceptable Interrogation Tactics Conditioning De- emphasizing Persuasion The officer is polite and concerned about the suspect The officer minimizes the potential importance or may blend the rights into conversion Convincing the suspect to waive his or her rights in order to have the opportunity to speak about his side of the situation