Interrogation & Confessions Flashcards by Maya Haidari

What is interrogation?

Questioning by law enforcement, military etc.

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Interrogation is often…

custodial questioning of suspects

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What useful information can be obtained from interrogation? (4)

 Details for further investigation
 Accomplices
 Alibi
 Confession (ultimate goal?)

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What are confessions?

Full or partial admissions of guilt

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Full confessions: up to __% of cases

48%

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Self-incrimination: up to __% of cases

68%

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What is self-incrimination?

Inadvertently reveal things which happened in the crime, or indicate that they know.

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Interrogation methods: in the past, ______ ______ was prevalent.

physical abuse

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____ AG Report on _________ __ ___ ___________ documented frequent “_____ ______” treatment.

After: _____ abuse, __________, ________, ______________, ______ _____, ______ __ ______ ________.

1931
Lawlessness in Law Enforcement
“third degree”

covert; deprivation, isolation, intimidation, scare tactics, threats of physical punishments

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When was there a gradual shift of scare tactics?

Throughout the 60s and 70s because of things that wouldn’t translate to evidence in court.

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Interrogation: Illegal Tactics
Coerced confessions are ___________:
______ _____ limited to necessary restraint
Threats of _________ (suspect or friends, family)
Deprivation of ______ & _______
I__________ (long-term)
B_____ (lenient sentences, bail, payments, etc.)
Promises of _________.

inadmissible
Physical force
violence
food & sleep
Isolation
Bribes
immunity

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Legal Interrogation tactics - Bluffing and Baiting

________ has _________ suspect (even if there is no eyewitness)
“________” polygraphs (even if they may have passed)
Other _______ have _______ (or are about to)
Fake _______ ________ (fingerprints, DNA, photos)
Claim _____________________________, can ID
_____-______ (“good-cop/bad-cop”)
_________ informants, officers as _______ _______
Promising “________________________”

Eyewitness; identified
“Failed”
suspects; confessed
physical evidence
murder victim is still alive
Role-playing
Disguising; fellow prisoners
“not to tell anyone else”

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Miranda v. Arizona (1996)
What does the USSC state about he modern practice of interrogation?

“the modern practice of in-custody interrogation is now psychological rather than physically oriented.”

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(Ernesto) Miranda v. Arizona (1996)
What came from this case?

Miranda Rights

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Miranda v. Arizona (1996)

Only __% of suspects actually choose to _______ _____ _____

20%
exercise their rights

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Why do only 20% of suspects actually choose to exercise their rights? (5)

Assume its __________ (only guilty people need lawyers)
Police may discourage use as a trivial “________”
Presented to suspect as _______ ______ that should be ________, as it takes away opportunity for ________ and ________.
Only applied _________ _________.

Assume its incriminating (only guilty people need lawyers)
Police may discourage use as a trivial “formality”
Presented to suspect as serious step that should be delayed, as it takes away opportunity for bargaining, discussion
Only applied custodial interrogations

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How many different versions of Miranda warnings are there?

560

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Miranda warning reading level varies from…

2nd grade to college graduate

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Miranda rights: even college students differ in _________. (does “right” mean “option” or “requirement”?)

interpretation

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Most warnings don’t…

say use isn’t incriminating.

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Miranda comprehension by intellectually disabled:
 Right to remain silent (__% nondisabled vs. __% disabled)
 Used against you (__% nondisabled vs. __% disabled)

77%; 12%
91%; 27%

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What are the basic interrogation strategies? (5)

Loss of control
Isolation
Maximization
Minimization
Rapport

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Interrogation: Basic Strategies

Explain loss of control.

Make suspect feel they’re powerless, helpless, plan everything out

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Interrogation: Basic Strategies

Explain maximization. (3)

Exaggerate….
Certainty…
Making…

Exaggerate consequences, evidence
Certainty of guilt
Making tremendous claims

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Interrogation: Basic Strategies Explain minimization (of blame)

Make it seem like it is not a big deal Make them feel more comfortable to confess

Interrogation: Basic Strategies Explain rapport.

Form an emotional bond Make them feel like they can confide in you

Who is associate with the basic strategies of interrogation?

Saul Kassin

What is the Reid Interrogation Technique?

A popular interrogation training method Created by John E. Reid Involved brainwashing more so than extracting new information, to confirm what you feel already in the first 2 steps.

Who uses the Reid Technique? (6)

Police FBI Secret Service Military CIA NSA etc.

What is the 3 phase process in the Reid Technique?

1. Factor analysis 2. Behavior analysis 3. Interrogation

Reid Technique: 1) Factor Analysis

Familiarize yourself with facts of the case

Reid Technique: 2) Behavior analysis

Non-verbal cues (eye contact, posture, movements, nervousness, talkativeness) Illusory correlation

Reid Technique: 3) Interrogation (4) Guilt is assumed in _________: "we don't interrogate innocent people" Confront with the ________ ____ (real or fabricated evidence) Express ________ in suspect's _____ or ________ More _______ than ________

Guilt is assumed in interrogation: "we don't interrogate innocent people" Confront with the strongest case (real or fabricated evidence) Express confidence in suspect's guilt or deception More persuasion than question

In the Reid Technique, how do they focus the suspect's attention? (5)

o Isolation, soundproofing, bare rooms o Eye contact, touch, physical closeness o Loud, “colorful” speech o Keep suspect from withdrawing or “tuning out” or relaxing o Fatiguing them to not let their attention go elsewhere

What are the themes in the Reid Technique? (3)

Excuses, Justification Rationalizations

How does the Reid Technique handle denials? (3) They DON'T _____ _______ __ _______ Assumption: guilty individuals will ____ __, innocent individuals will be ____ _________ "______ ______" questions --> way of phrasing questions

They DON'T allow denials of guilt Assumption: guilty individuals will give up, innocent individuals will be more persistent "Multiple choice" questions --> way of phrasing questions

How does the Reid Technique manipusate emotions? Urge confession to end _______ and ________. Emphasize _______________________ when things are "cleared up" Create a sense of ___________, ____________. Appeal to _______: e.g., ...

Urge confession to end stress and anxiety Emphasize relief of tension, anxiety when things are “cleared up” Create a sense of hopelessness, inevitability Appeal to values: “decency”, “honor”, religious beliefs, etc.

How does the Reid Technique extract oral confessions? (4) Start with small ______, work up to ________ __________ __ _____. Conversational, _______, "______ _ _____" Rehearse with ______, add ______ Bring in ______ to hear "_______ _____"

Start with small details, work up to complete admission of guilt Conversational, informal, "telling a story" Rehearse with suspect, add details Bring in witness to hear "finished story"

Interrogation: Confessions as Evidence (3) Often result in ______ _____(no trial) If there's a _____, conviction is _____ ______ Jurors more likely to convict on the basis of a _______ than any other evidence

o Often result in guilty plea (no trial) o If there's a trial, conviction is very likely o Jurors more likely to convict on the basis of a confessions than any other evidence

How many confessions are recanted and why?

20%, most frequent claim is that they were coerced

What are issues surrounding false confessions (3) Judges decide "_______ __ __________" Crucial to decide _____, before ____ _____ Influence of a _______ may persist even when ____ __ _______ that a confession was ______/_______ later

Judges decide "totality of circumstances" Crucial to decide early, before jury hears Influence of a confession may persist even when jury is aware that a confession was coerced/recanted later

What is the lawyer saying for when people are not good at discounting confessions once heard

"Cannot unring the bell"

What are the conviction rates in mock jury studies: No confession - Confession - Inadmissible confession -

No confession - 31% Confession - 99% Inadmissible confession - 81%

Why NOT discount a coerced confession? (3) We ask ourselves.... _______________ ____ (fundamental attribution error) _____ _________ ____ (overconfidence in our own ability to resist)

We ask ourselves: why would an innocent person confess? Correspondence bias (fundamental attribution error) False consensus bias (overconfidence in our own ability to resist)

What is another problem surrounding confession?

Knowing about a confession changes the way we think about and remember other evidence

Fingerprint experts examined sets of prints to determine if match to suspect. Later, experts told for each set that suspect had either confessed, or had not. • __% of experts changed earlier decision, claimed a match, based on confession info

67%

In __% of cases where defendants were later exonerated by DNA, they had been ______________________________.

25% convicted based on (false) confessions.

What are the types of false confessions? (3)

Compliant (coerced) Internalized (coerced) Voluntary

What is a compliant (coerced) false confession?

Confessors know they are innocent but comply to escape the situation, to get a promised reward or avoid a threat

What is an internalized (coerced) false confession? (3)

Innocent suspects come to believe they actually committed the crime Memory distrust Confabulated memories

What is an example of compliant (coerced) false confession?

1989 "Central Park jogger" case (Prisoner's dilemma) - race to see who will confess first if it is a group

What is an example of internalized (coerced) false confession?

1988 Paul Ingram, (Richard Ofshe, repressed memories) Isolation, prayer and visualization, hypnosis, memory distrust, emotional relief

What is a voluntary false confession?

A confession with no pressure from interrogators

What are reasons for a voluntary confession? (3)

Instrumental (protect someone else?) Unusual need for fame and recognition Psychological disorders (MR, psychosis, dementia, etc.)

What are 2 examples of voluntary confession?

o Lindbergh baby kidnapping (1932) o John Mark Karr (2006)

Interrogation and Admissibility: Totality of Circumstances o _______ _______ (“body of the crime”) o ________ (corroborated evidence) • Fits known ______ about the _____ • _____ _________ (not public, not guessed) • Leads to _________ __ ____ _________

o Corpus deliciti (“body of the crime”) o Reliable (corroborated evidence) • Fits known facts about the crime • Guilty knowledge (not public, not guessed) • Leads to discovery of new evidence

Voluntary confession: Colorado v. Connelly (1986)

Francis Connelly (schizophrenic) confessed to murder because he was “commanded by God” USSC: his confession was voluntary, not coerced by police

False Confessions and Risk Factors (Warning Signs) (5)

Age Mental status Duration (6+ hours) Alcohol/drug use Suggestibility

What is suggestibility? (3)

More suggestable/vulnerable than other people for various reasons More likely to go along with the interrogations Can be more manipulated

What is the Gudjonsson Suggestibility Scale (GSS)?

A type of fake memory test Tests memory for stories Has 2 scores: Yield and Shift

How to reduce risk of false confessions? (5)

Alternative interrogation methods (less accusatorial, unlike the Reid technique) Video recording Time limits (less than 3 hours) Jury instructions (by judge) Expert testimony on false confessions