Forensic Psych Chapter 2 PDF

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Forensic Psychology- Chapter 2 Power of Confession  Goal of questioning is to elicit confession o 39-48% of suspects make full confession o 13-16% of suspects make damaging statements or partial admissions o 68% of police-interrogated suspects make self-incriminating statements  Why do police prefer confessions? o Confessions save time o Trials are avoided, convictions are almost guaranteed o Research shows mock jurors do not discount confession, even if false o This may be explained by fundamental attribution bias  The existence of a confession predisposes juries toward reaching a verdict  Mock jurors were asked whether they judged the confession to be voluntary, whether it influenced their verdict and whether they voted for conviction Evolution of Interrogation Techniques  Prior to 1930 o Use of direct physical violence  1931 o Report on Lawlessness and Law Enforcement led to covert abuse that did not leave marks, including such things as deprivation, isolation, and intimidation  1961 o Series of legal decisions pushed police from covert physical to more psychological coercion forms o Culombe v. Connecticut (1961); David v. North Carolina (1966); Reck v. Pate (1961); Townsend v. Swain (1963).  1966: Miranda Rights (Miranda. Arizona) o To remain silent o To have attorney present during questioning o To have appointed attorney when financial need exists o To acknowledge understanding of rights  Are rights waived? Why? o 80% of suspects waive rights and are subject to interrogation o Police delivery of Miranda rights may be perfunctory, rushed, or ritualistic in manner o Suspect may be upset, lack clear thinking, or unable to understand the rights are being waived  1961: Totality of circumstances (Culombe v. Connecticut) o Judges must look at all the circumstances surrounding interrogation Modern Interrogation  Modern interrogation is primarily psychological (good cop/bad cop)

Forensic Psychology- Chapter 2 Police receive training and are familiar with interrogation manuals and techniques Most widely used reference by Inbau and colleagues offers detailed advice on every aspect of interrogation processes  Central to the process is the Reid techniques  Reid technique o Involves 9 step technique that represent the general flow of many interrogations o Includes 4 psychologically powerful strategies  Loss of control  Social isolation  Certainty of guilt  Exculpatory scenarios Scientific American Spotlight  Group interrogation may help to reveal liars o U.S. police manuals promote myth that suspects are reluctant to talk o Truth-tellers interrupt and correct more often Deceivers are more tacitum o Truth-tellers’ interactions with one another comes more naturally than it does for liars False Confessions  Prompted by lying, intimidation, deception, fatigue, abuse  Contribute to 25% of known wrongful convictions  Occur most often in murder cases (80% of proven false confessions)  Involve vulnerable, suggestible, compliant suspects, especially vulnerable youth  May be related to mindset of innocent suspects  Are caused most by police interrogation Types of False Confessions  Four types of false confessions across two dimensions o Instrumental or authentic o Voluntary or coerced  Cases can involve all four types of confessions o Instrumental-coerced false confessions: suspects confess to crimes not committed; most common false confession in criminal cases o Instrumental-voluntary false confessions: suspects provide false confession as means to end o Authentic-coerced false confessions: suspect becomes convinced of own guilt after long, interrogation; vivid false memories may be created o Authentic-voluntary false confessions: suspect suffer from delusion and confess with little or no pressure from interrogation  

Forensic Psychology- Chapter 2

Hot Topic  The Use of Torture in Interrogations o Practices such as waterboarding violate international and national treaties and laws o Ethical and moral codes of conduct are also being violated o Little research on effectiveness of torture, but irrefutable evidence that less coercive interrogation can produce verifiability false confessions o Actions based on false information from torture may have dire consequences, especially in military actions Should Interrogators Be Allowed to Lie?  United States o Police interrogators are legally allowed to use false evidence ploys  England and Wales o PACE Act makes it illegal to lie o Witness must be present o Interrogation must be audio-recorded o Intimidation is not permitted Potential Solutions to Problems of False Confessions  Video recording of interrogations o Creates permanent record o Improves interrogation methods  Video recording can be manipulated, especially if interrogation is partially recorded o Recording admission and not interrogation o Only showing segments at trial o Manipulating camera angle  Time limits and expert testimony o Lengthy interrogations common in false confessions o Four hours or less is recommended  Appropriate adult witness for vulnerable suspects o Juveniles should be provided with appropriate adult during questioning o Subjects with mental impairment require special treatment during interrogation  Expert testimony on interrogations and confessions o Expert witnesses can provide assistance  Discussing pertinent research that documents police-induced false confession  Explaining relationship between heightened risk rate or false confession and specific interrogation methods o Case law supports admissibility of expert testimony

Forensic Psychology- Chapter 2 o About three-fourths of jurors believe expert witness testimony would be helpful...