ch 3 (MT 2) Flashcards
what percent of DNA exonerations were false confessions a contributing factor of?
29%
why do jurors tend to believe false confessions? what effect contributes to this?
-most people believe they would never falsely confess to a crime – interpret confession as reflection of actual guilt + discount external causes
-Fundamental Attribution Error: tendency to overemphasize dispositional explanations for indiv’s behavior while minimizing situational causes
compare instrumental and internalized false confessions
-instrumental: offered as a means to an end (eg ending stressful interrogation)
-internalized: innocent person believes they’re guilty or might be
compare voluntary and coerced confessions
-voluntary: given freely by confessor
-coerced: interviewer uses power to cause person to admit guilt (may involve constraining freedoms, threats, etc)
compare instrumental coerced, instrumental voluntary, internalized voluntary, and internalized coerced confessions
-instrumental coerced: suspect confesses crime that they know they didn’t commit to end long/intense interrogation
-believe that “compelling evidence” will make people think they’re guilty
-instrumental voluntary: suspect knowingly confesses to achieve a goal
-eg gang member confessing to protect someone else; parent covering for child; notoriety
-internalized voluntary: mental illness leads to belief of guilt + voluntary confession (eg Gudjon Skarphedinsson)
-internalized coerced: suspect actually doubts their innocence due to long/intense interrogation tactics
What is memory distrust syndrome? Who was Gudjon Skarphedinsson?
-person loses confidence in memory, relies on assertions from others abt what happened
-Gudjon was put in solitary confinement for 412 days
-depressed due to dad’s death + struggled with memory
-day 6: started t o show doubts abt memory, questioned so often he believes he did it
-day 16: admits he was at crime scene
-day 60: trying to figure out what he did with the body
-based on purely confessions, Gudjon + 5 were convicted in ‘77
compare suggestibility and compliance. what kind of confessions are associated with each?
-suggestibility = internalize info communicated during questioning
-associated w internalized false confessions
-compliance = tedndency to go along w people in authority
-associated with compliant false confessions
what is a compliant confession? what are reasons for it?
suspect knows they’re innocent, but confesses to escape a stressful situation
-caused by coercion
-exacerbated by dispositional vulnerabilities
-suspect “breaks” + relief of stress becomes the priority
-don’t think confession will be used as solid evidence
-don’t realize finality of confession
who is Michael Crowe?
-14yo boy interrogated for 2 days without parents’ knowledge
-gave details of killing his sister that he explicitly said were made up
what are 4 interrogation factors in false confessions?
- custody and isolation: eg Michael Crowe didn’t realize he was allowed to leave
- length: typical 1.6h vs false confession interrogation avg 16.3h
- frequency: eg in Japan suspects can be detained + questioned for 23 days before indictment
- interrogation tactics
what are the 3 phases of the Reid technique + their objectives + methods?
- factual analysis
-gather evidence
-review case file, construct timeline, interview witnesses - behavior analysis interview
-assess guilt
-conduct non-accusatorial interview + diagnose verbal + nonverbal behaviors - interrogation
-obtain confession
-conduct 9 step accusatorial interview
what are the 3 questions types of the behavior analysis interview (reid technique)?
- initial Qs - build rapport, describe investigative process, obtain baseline assessment of behavior
- investigative Qs - obtain suspect’s account of events, check for alibi
- behavior provoking Qs - designed to elicit diff responses in innocent + guilty people (eg what do you think should happen to the person who did it?), evaluate verbal + nonverbal responses
what are problems with the Reid technique?
-behavioral analysis: not evidence based (scarce research on the behavior provoking Qs; nonverbal behaviors aren’t reliable indicators of deception)
-interrogation: includes techniques associated with false confessions
-assuming guilt
-misrepresent evidence
maximize pressure (scare tactics: emphasize seriousness of offense)
-minimize seriousness (offer excuses/justifications, blame accomplice, downplay charges - *offers of leniency legally not allowed)
-closed Qs (give 2 possibilities, one of which is socially acceptable)
what is the computer crash experiment (Kassin and Kiechel, ‘96)
- participate in an unrelated study, told to not hit ALT key
- computer crashes
-false witness: says they saw them hit ALT, asked to admit guilt = 90%+ falsely confessed
-no false witness = 50% falsely confessed
-bluffing experiment:
-false witness “saw” them = 79% falsely confessed
-bluff: telling them we can check the keystrokes = 87% confessed (thought evidence would show they were innocent)
-false witness
In which countries must confessions be voluntary? what is Canada’s Confession Rule (R v Oikle, 2000)?
-common law countries (eg Canada, US, England)
Canada’s Confession Rule:
1. suspect must be of sound operating mind
2. no false threats/promises
3. no oppressive interviewing context
4. no deception that would “shock the community”
