Chapter 8: Interrogations and Confessions Flashcards
In many cases, police do not solve crimes reliant upon scientific ______________, and eyewitness _____________. Many times, they have no other recourse but to rely on _______________.
evidence; testimony; confessions
Confessions
when one tells officer they committed a crime after being questioned by the officer.
Imagine a case where a woman is found dead in her home, having been murdered. Police are unable to find fingerprint, DNA, clothing fibers, or any other evidence that would point to a suspect. The police question several people (potential suspects) who knew of the woman including her ex-husband and brother-in-law. They both tire under intensive questioning and admit they killed the woman. This tells us 3 things of importance regarding confessions:
1) Sometimes, _____________ are the only way officers can learn about the crime.
2) suspects aren’t willing to a ____________ to their crime unless law enforcement employs _____________ and _________ questioning.
3) _____________ require specific techniques that would be considered a form of ______________ in an ordinary encounter between police and public.
1) confessions
2) admit; intensive; lengthy
3) interrogations; trickery
Confessions during an ______________ help in 2 ways: 1) it helps _____________ the _____________, without having to subject them to the _________ associated with questioning. 2) ____________ of guilt is the first step in an offender taking _____________, on the road towards _____________.
interrogations; exonerate; innocent; time; admission; responsibility; rehabilitation
Admission
When a suspect voluntarily admits to a fact that may indicate criminal guilt.
One problem associated with confessions is __________ ___________. This is generally facilitated through __________________ interrogations by the police, where police interrogate the suspect w/o the presence of a ___________ lawyer, allowing police to resort to ______________ coercion.
abusive conduct; incommunicado; defense; psychological
Challenges that arise from use of confessions
#1 Fair Procedures
Too much reliance on confessions defeats the purpose of one’s guilt being ascertained in court beyond a reasonable doubt.
Challenges that arise from use of confessions
#2 Reliability
Wrongful convictions may arise, if someone gives a false confession.
Challenges that arise from the use of confessions
#3 Inequality
A poor, uneducated man, who can’t afford an attorney and isn’t aware of their rights, might be easily coerced by police to giving a confession.
A wealthy, educated man, however, may decline answering the question and wait until his attorney is present, who he can afford.
False Confessions
innocent individuals confess to a crime they did not commit.
Statements
oral / written declaration to police that may constitute assertion of innocence.
Even a __________ number of false confessions is “_______ ______.”
small; “too many”
3 Types of False Confessors
1) Voluntary False Confessors
2) Compliant False Confessors
3) Internalized False Confessors
Voluntary False Confessors
people confess to crime for…
- publicity
- bc they feel guilt about a past crime
- intellectually disabled
Compliant False Confessors
people who confess…
- to avoid abuse treatment by officers,
- to receive favorable treatment in sentencing, and be imprisoned near family home.
Internalized False Confessors
Confessors who…
- accept police facts
- fail lie detector test, and come to belief that they did commit the crime.
Three Constitutional Provisions Supreme Court relies on to ensure fairness of confessions
1) 14th Amendment
2) 5th Amendment
3) 6th Amendment
1) 14th Amendment (Due Process Clause)
No state shall deprive anyone of life liberty or property w/o due process of law.
Due process clause ensures that confessions are not obtained as the result of trickery / manipulation.
If confessions were obtained using coercion, trickery, etc., we would say this violates one’s liberty to give a free / uncoerced confession, –> which may end up depriving the person liberty through imprisonment.
2) 5th Amendment (Self-Incrimination Clause)
No person shall be compelled (in any criminal case) to be a witness against himself.
Self incrimination clause protects people from being forced to testify against themselves.
Accusatorial System
- Burden of proof falls on prosecutor to prove guilt beyond reasonable doubt.
- Defendants are protected from having to testify against themselves.
Inquisitorial System
- Defendant does not enjoy right against self incrimination.
- Judge will asks defendant questions (as to his involvement in crime).
Star Chamber
Est. 15 Century England
Inquisitorial court
prosecuted political and religious dissidents (rebels).
Resorted to torturing prisoners to gain confessions out of them.
3) 6th Amendment (Counsel Clause)
Defendants have the right to legal counsel to serve in their defense.
Supreme Court used the 6th Amendment to prevent police officers from establishing guilt using any ______________ means.
extrajudicial