The psychology of interrogations and confessions PDF

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The psychology of interrogations and confessions : a handbook / Gisli H Gudjonsson

Part One: Interrogation Tactics and Techniques Persuasion in the context of interrogation is the process of convincing suspects that heir best interests are to make a confession.( p. 8) Strategies to achieve include; 1. Police concealing identity while trying to obtain a confession (i.e. fellow inmate) 2. trickery = such as presenting the suspect with false evidence of guilt 3. misrepresent nature or seriousness of offence (i.e. victim is still alive, it was an accident) The Reid Technique First published by Inabau and Reid in 1962. Second edition in 1967 and third published in 1986 by Inabau, Reid and Buckley in 1986. The third edition focused on breaking down resistance of reluctant suspects in 9 steps and is known as the “The Reid Technique”. The Reid Technique is based on two processes; 1.

Breaking down denials and resistance

2.

Increasing suspects desire to confess

Inabau and colleagues recommend a non custodial interview where rights do not have to be advised to gain rapport; gather background info to be used during later interrogation; and determine whether or not guilt is suspected. Nine steps for allegedly guilty suspects The interrogator must be fully prepared with facts and information prior to interrogation because the technique is reliant on the interrogator coming across as confident and fully knowledgeable (p. 12). Suspects are classified into two groups and this is ascertained in initial questioning and determines questioning strategy: emotional versus non emotional. For emotional – a sympathetic approach appealing to conscious is employed. For non emotional – use a factual analysis approach appealing to common sense and reasoning. Step one: ‘Direct Positive Confrontation’ 

Suspect told in ‘absolute certainty’ that he has committed the described offences. Followed by brief pause while suspects reactions are examined.

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Then confronted with the accusation again. (Passive reaction is sign of deception).

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Convince suspect of benefits of telling the truth (truth being the proposition put forth).  Focus on suspects redeeming qualities to explain his side of story  Explain it’s a matter of understanding the circumstances  Exaggerate extent of criminal activity to encourage reaction

Step Two: ‘Theme development’ 

Display sympathy and understanding to gain trust.

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Suggest themes – aimed at minimizing moral implications (this way the subject can accept responsability for physical act but minimizing internal blame).

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Most effective with emtional offenders

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Themes for emotional  Assure others would have done the same  Others have committed more shameful acts – theirs is minor  Suggest morally acceptable reason for offence –accident, on drugs.

 Condemning others as a way of sympathizing – they deserved it  Use praise and flattery – builds rapport (best used with uneducated)  Suggest involvement was exaggerated  Make suspect believe that its in his interests to cease further crime involvement and confess to this one 

Themes for non emotional  Catch them in a lie – then every statement thereafter suspect feel he must convince you of  Get suspect to associate himself with crime – present at the scene  Suggest non criminal intent behind act – persuade acceptance of physical involvement  No point in denying involvement – only concerned with learning his side of story  Play one against the other – convince another has implicated him

Step Three: ‘Handling Denials’ 

Repeated denials should be stopped by interrogator

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Innocent denials – spontaneous, forceful, direct

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Guilty denials – defensive, qualified, hesitant

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Friendly and unfriendly technique – two interrogators working together or one interrogator playing both roles at different times (this highlights the difference between approaches leading suspect to be responsive to the sympathetic approach).

Step Four: ‘Overcoming objections’ 

When denials begin to weaken suspects will try to gain control over conversation and object.

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Guilty – move from plain details to objections

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Innocent tend to continue with pain details

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Once the suspects feels objections are not working suspect will withdraw from active participation = lowest point primed for psych advantage

Step Five: ‘Procurement and Retention of Suspects Attention’ 

Reduce psychological distance between interrogator and suspect to re attain attention by;  Moving physically closer  Touching suspect gently  Mentioning suspects first name  Maintain eye contact

Step Six: ‘Handling Suspect’s Passive Mood’ 

Once suspect is attentive focus suspects mind on central theme concerning reason for offence.

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Urge to tell the truth

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Advise of stress on victim by not telling truth

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Appeal to decency, honour and religion

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Blank stare and silence indicates suspect is ready for alternative in step seven.

Step Seven: ‘Presenting an Alternative Question’ 

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Present two alternative; o

One acts as saving face

o

Other implies repulsive or callous motivation

This forces the suspect to choose even when neither may be true.

Step Eight: ‘Having suspect Orally Relate Various Details of Offence’ 

Once accepting one of the alternatives

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Must be alone with suspect

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Once a full confession is obtained interrogator asks someone to witness if suspect has not signed written statement

Step Nine: ‘Converting an Oral Confession into a Written Confession’ 

Have them sign even if they did not write it

Conclude Two main strategies; maximization and minimization. Maximisation best suits non emotional offenders where by exaggerating evidence and seriousness of crime. The minimization strategy is for the emotional remorseful. Since 1991 mandatory tape recording of all interrogation of suspected offenders has taken effect. This strengthens police interrogation evidence and safeguards individuals rights.

Part Eight: The Psychology of False Confession: Research and Theoretical Issues \ Confessions and denials are classed into four groups 1.

True confessions

2.

False confessions

3.

True Denials

4.

False Denials

False confessions consist of those who admit to a crime they have not committed and those who overstated their involvement in an offence. The latter is most common. It is difficult to estimate a base rate as we do not know what proportion of interrogated suspects who are genuinely guilty are accused. Impossible to ascertain. The frequency of false confessions is very much dependant on the context. In places such as Japan where the criminal justice system has 99% conviction rate false confessions is most probably much higher.

False, Retracted and Disputed Confessions Three ways to establish a false confession by Leo and Ofshea (1998); 1.

Does the confession statement lead to discovery of evidence

2.

Does it include unusual features of the crime that have not been made public

3.

Does the suspect provide accurate descriptions of mundane features of crime scene which have not been made public.

One or more suggests reliability (p. 179). However it is possible to gain special knowledge through alternative avenues such as knowing the perpetrator, crime scene photos. No special knowledge can also mean that the suspect is convicted on the basis of confession.

Discovery of False Confession A false confession may be discovered by one or more of the following.  Discovery no crime committed  New forensic evidence – improved DNA technology  New alibi  Newly discovered medical evidence making it impossible for suspect to commit crime  Someone else confesses  Psychological evidence that suggests doubt on veracity of confession

 Analysis of post admission statement which reveals errors or omissions – unconvincing and improbable A retracted false confession is when a suspect declares an admission or confession to be false. In this case the confession is disputed at trial. Delay in retraction requires explanation one of the two is acceptable; 1.

Confession is internalized and the false belief may last several months

2.

Failed to retract confession due to fear of repercussions, a need for instrumental gain like hospital

The Cause of False Confessions “There are circumstances in which a human being will confess to anything” – Beck and Godin (1951, p. 161) According to Munsterberg (1908) a false confession can be elicited when emotional shock distorts people memory during interrogation. Kennedy (1986) considerers that “overzealousness” in a police officer is the single most common cause. Happens when the police have a piece of evidence connecting the suspect to the crime and the belief of guilt hardens into certainty and become highly motivated to extract a confession. Wrightsman & Kassin suggest three types of false confession; 1.

Voluntary = source of pressure - internal

2.

Coerced-compliant – custodial/non custodial

3.

Coerced-internalized – custodial/non custodial

Voluntary Offered without external pressure from police. Can occur in different circs such as; 1.

Desire for notoriety – need to be infamous (i.e. Lindbergh kidnapping)

2.

Unconscious need to expiate gilt over prior transgressions via punishment – feeling of guilt may be generalised rather than specific to occasion.

3.

Inability to distinguish fact from fantasy – normally associated with psychiatric illness but not always.

4.

Desire to protect or aid real criminal – could have been coerced by real offender in which case not truly voluntary.

5.

Hope for leniency

Coerced-compliant Results from pressure or coerciveness of interrogation. Suspect gives into demands for some instrumental gain which may include; 1.

Being allowed to go home once confessing

2.

Ending the interview

3.

Coping with demand characteristics like pressure of the situation

4.

Avoidance of being locked up

All mainly to do with escaping the situation and admission is perceived as more desirable short term than the punishment of continued interrogation. Coerced-internalized When suspects come to believe, during interrogation, they have committed the crime even without memory of commission. This can result in memory distrust syndrome (MDS) – become reliant on external cues and suggestion as distrust own memory. Ofshe argues that coerced-internalized false confessions involves the interrogator successfully convincing the suspect that; 1.

There is incontrovertible evidence that they committed the crime

2.

There is good and valid reason why they can not remember committing crime

In a multiple case study Ofshe found three common personality traits evident in coerced-internalized false confession. -

Good trust of people in authority

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Lack of self confidence – particularly with regards to memory

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Heightened suggestibility

Differences between True and False Confessions Focus of psychological evaluation of confessions is typically on the reliability and voluntariness of the confession rather than truthfulness (p. 208).

Recovered memory and false confessions When recovered memories can be shown to be false they are linked to “false memory syndrome” (p. 212). Development of a false belief is not related to memory but rather lack of confidence in one’s memory. False memory is highly dependent on the individual being able to create or retrieve misinformation. Kassin (1997) proposes that recovered memories of childhood sexual abuse are a close cousin of internalized false confessions. Both share two characteristics; 1.

Psychological vulnerability – a person whose memory is malleable due to age, naivety, lack of intelligence, stress, fatigue, alcohol or drug use (p. 214).

2. The presentation of false evidence by a person in a position of power....