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Forensic Psych > Interrogation & Confessions > Flashcards

Interrogation & Confessions Flashcards

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1
Q

What is interrogation?

A

Questioning by law enforcement, military etc.

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2
Q

Interrogation is often…

A

custodial questioning of suspects

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3
Q

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

A

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

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4
Q

What are confessions?

A

Full or partial admissions of guilt

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5
Q

Full confessions: up to __% of cases

A

48%

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6
Q

Self-incrimination: up to __% of cases

A

68%

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7
Q

What is self-incrimination?

A

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

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8
Q

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

A

physical abuse

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9
Q

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

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

A

1931
Lawlessness in Law Enforcement
“third degree”

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

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10
Q

When was there a gradual shift of scare tactics?

A

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

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11
Q

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 _________.

A

inadmissible
Physical force
violence
food & sleep
Isolation
Bribes
immunity

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12
Q

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 “________________________”

A

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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13
Q

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

A

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

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14
Q

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

A

Miranda Rights

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15
Q

Miranda v. Arizona (1996)

Only __% of suspects actually choose to _______ _____ _____

A

20%
exercise their rights

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16
Q

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 _________ _________.

A

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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17
Q

How many different versions of Miranda warnings are there?

A

560

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18
Q

Miranda warning reading level varies from…

A

2nd grade to college graduate

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19
Q

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

A

interpretation

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20
Q

Most warnings don’t…

A

say use isn’t incriminating.

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21
Q

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

A

77%; 12%
91%; 27%

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22
Q

What are the basic interrogation strategies? (5)

A

Loss of control
Isolation
Maximization
Minimization
Rapport

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23
Q

Interrogation: Basic Strategies

Explain loss of control.

A

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

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24
Q

Interrogation: Basic Strategies

Explain maximization. (3)

Exaggerate….
Certainty…
Making…

A

Exaggerate consequences, evidence
Certainty of guilt
Making tremendous claims

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25
Q

Interrogation: Basic Strategies

Explain minimization (of blame)

A

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

26
Q

Interrogation: Basic Strategies

Explain rapport.

A

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

27
Q

Who is associate with the basic strategies of interrogation?

A

Saul Kassin

28
Q

What is the Reid Interrogation Technique?

A

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.

29
Q

Who uses the Reid Technique? (6)

A

Police
FBI
Secret Service
Military
CIA
NSA etc.

30
Q

What is the 3 phase process in the Reid Technique?

A
  1. Factor analysis
  2. Behavior analysis
  3. Interrogation
31
Q

Reid Technique: 1) Factor Analysis

A

Familiarize yourself with facts of the case

32
Q

Reid Technique: 2) Behavior analysis

A

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

33
Q

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 ________

A

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

34
Q

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

A

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

35
Q

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

A

Excuses,
Justification
Rationalizations

36
Q

How does the Reid Technique handle denials? (3)

They DON’T _____ _______ __ _______
Assumption: guilty individuals will ____ __, innocent individuals will be ____ _________
“______ ______” questions –> way of phrasing questions

A

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

37
Q

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., …

A

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.

38
Q

How does the Reid Technique extract oral confessions? (4)

Start with small ______, work up to ________ __________ __ _____.
Conversational, _______, “______ _ _____”
Rehearse with ______, add ______
Bring in ______ to hear “_______ _____”

A

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”

39
Q

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

A

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

40
Q

How many confessions are recanted and why?

A

20%, most frequent claim is that they were coerced

41
Q

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

A

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

42
Q

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

A

“Cannot unring the bell”

43
Q

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

A

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

44
Q

Why NOT discount a coerced confession? (3)

We ask ourselves….
_______________ ____ (fundamental attribution error)
_____ _________ ____ (overconfidence in our own ability to resist)

A

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

45
Q

What is another problem surrounding confession?

A

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

46
Q

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

A

67%

47
Q

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

A

25%
convicted based on (false) confessions.

48
Q

What are the types of false confessions? (3)

A

Compliant (coerced)
Internalized (coerced)
Voluntary

49
Q

What is a compliant (coerced) false confession?

A

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

50
Q

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

A

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

51
Q

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

A

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

52
Q

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

A

1988 Paul Ingram, (Richard Ofshe, repressed memories)

Isolation, prayer and visualization, hypnosis, memory distrust, emotional relief

53
Q

What is a voluntary false confession?

A

A confession with no pressure from interrogators

54
Q

What are reasons for a voluntary confession? (3)

A

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

55
Q

What are 2 examples of voluntary confession?

A

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

56
Q

Interrogation and Admissibility: Totality of Circumstances

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

A

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

57
Q

Voluntary confession: Colorado v. Connelly (1986)

A

Francis Connelly (schizophrenic) confessed to murder because he was “commanded by God”

USSC: his confession was voluntary, not coerced by police

58
Q

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

A

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

59
Q

What is suggestibility? (3)

A

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

60
Q

What is the Gudjonsson Suggestibility Scale (GSS)?

A

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

61
Q

How to reduce risk of false confessions? (5)

A

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

Forensic Psych (8 decks)

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