Inbau Flashcards

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1
Q

Intro

A

Police accused of using abusive interrogation techniques when interviewing a suspect in order to force a confession, this may be due to other supporting evidence proving guilt or political pressure to produce verdict.

PACE - Prevents British police from using such interrogation techniques.

Not allowed to interrogated throughout the night or create threats.

USA = police have more freedom to interrogate suspects, British have more freedom under Prevention of Terrorism Act.

Interrogation is more accusatory as interviewer assumes guilt and suspects has to prove innocence. Interviewers are required to be patient and non-abusive, however there are still coercive techniques which are used to obtain a confession. (making someone do something against their will.

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2
Q

9 step Reid Technique

A

Manual for interrogation, uses persuasive techniques e.g deceit, trickery and psychological manipulation to breakdown suspect’s resistance and increase desire to confess.
Authors admit these methods would be seen as unethical in other contexts.
Use 9 steps on someone identified as possibly guilty by ordinary interviewing.
Kept in isolation till interrogation to increase anxiety.

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3
Q

1

A

Direct positive confrontation:

Suspect told with absolute certainty he committed the offence and reactions observed

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4
Q

2

A

Theme development:

Suspect offered themes that minis the implications of the crime so she can accept the responsibility for it

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5
Q

3

A

Handling denials:

Interrogator interrupt the subject’s denials, since they give the subject a psychological advantage.

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6
Q

4

A

Overcoming objections:

Guilty move from denials to objections, explain why they couldn’t have committed the crime.

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7
Q

5

A

Gaining the suspects attention:

As objections fail suspect withdraws, interrogator retains attention by moving closer and making eye contact

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8
Q

6

A

Handling the suspects passive mood:

New passive mood manipulate to make the suspect remorseful

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9
Q

7

A

Presenting the alternative:

Interrogator presents suspect with two versions of the crime, one more face saving and sympathetic

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10
Q

8

A

Oral confession:

self-incrimination blow into a full blown confession.

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11
Q

9

A

Written confession:

Witnesses are called in for a more bing written confession.

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12
Q

Miranda Rights

A

Anything said before the Miranda rights cannot be used. Give Suspect right to take the 5th amendment + say absolutely nothing during interrogation.
Inbox bitter opponent of these.

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13
Q

Inbau argued

A

Give suspects too many rights, it is justifiable to deceive, harass, or use tricks.

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14
Q

Ethics

A

Techniques = coercive and an infringement of the suspects dignity and fundamental rights.
Irving compared experience to Milgrams ‘agentic state’.
Prohibited for British Police Forces.

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15
Q

Effectiveness

A

Effective as especially designed to increase anxiety and doubt.
Interrogators maximise severity of crime, weight of evidence against and the severity of the punishment.
Minimise the suspects personal involvement by inviting them to shift guilt onto accomplices and bystanders.
Step 7 - important step - suspect agrees to “socially acceptable” version of the crime, without realising they are still pleading guilty.

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16
Q

Practical issue

A

MAIN PROBLEM: FALSE FORCED CONFESSION
False positive statement, suspect confesses to something they didn’t do. Particular risk for young and partially impaired.
Juveniles more susceptible and may give false confession due to Reid technique.
Mentally unstable need to be protected from such psychological manipulations.

17
Q

Reliability

A
  • Criticisms of accuracy of behavioural analysis in determining guilt and innocence, as most of the behavioural cues used by the Reid technique may not discriminate between truth telling and lying.
  • Police possess great confidence in their abilities to discriminate between liars and truth tellers. This is misplace, hence reducing reliability of such techniques. Previous evidence shown individuals perform no better than chance at detecting deception. “experts” only perform slightly better than normal people.
    COMPARE TO MANN (= control group/experience etc)
  • Alternative question (step 7) - encourage confession, as implies a lesser punishment for less ‘guilty’ response.
18
Q

Dispositional/Situational

A

Situational explanations relate to the environment at the time of the interview (particularly social interactions); factors such as obedience, compliance will cause the subject to confess.
Dispositional - pre-existing behaviours suspect brings to individual eg. subject confessing could be that they are natural compliant or very suggestible.

REID TECHNIQUE:
Factual and Behavioural analyses –> dispositional factors relating to subjects behaviour.
Interrogation uses the individuals situational factors to persuade the subject to confess.

Indicates both situational and dispositional risk factors are sufficient, combination is powerful and increase risk of a false confession.