Interrogations and Confessions Flashcards

1
Q

What is the purpose of interrogations?

A

1) to obtain more information (primary goal of psychologists)
2) To obtain a confession (many manuals stress this goal over number 1)

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2
Q

What can police legally do in interrogations?

A

1) lie (mislead suspects, misrepresent case facts)
2) take advantage of suspects emotions/beliefs
3) Fail to inform suspect of important facts or circumstances that might make them less likely to confess.

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3
Q

What was the case of Richard Jule?

A

There was a bombing at the summer olympics, backpack with items was found by Richard and they treated him as a suspect. They lied to him and brought him under the pretense of a training video- interrogated him and found him not guilty, but people still hold suspicion an it has take an toll on his wellbeing.

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4
Q

What was the case of Susan Smith?

A

Drowned her two sons- police told her they were doing a drug stakeout in the area where an abduction occurred, she confessed.

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5
Q

What can’t police do in interrogations?

A

Physical threats (veiled threats is fine), promises of leniency, failure to notify suspect of right to counsel, right to remain silence etc. Cannot use anything that is deemed oppression or that would compromise the voluntary nature of the confession, prolonged isolation, sleep or food deprivation, explicit threats of harm or punishment.

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6
Q

What was the case of R. v Oickle?

A

Arson charges- had him take a polygraph where police told him e failed as well as exaggerated the effectiveness. Also told him they wouldn’t make his gf take a polygraph if he confessed. He did confess and raised that it wasn’t voluntary. Court ruled that the deception was justifiable.

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7
Q

When is deception not justifiable?

A

Deception must “shock the community” or be directly relevant to the voluntariness of the confession.

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8
Q

What was the case of Jason Dix?

A

His friend went to work with his boss and then was murdered. They brought Jason in and said he was with his friend at the time and had his eyes on his mistress. It was prematurely released to the press that the bodies were electrocuted- Jason had a confirmed alibi and police brought undercover cops to see if he would agree to do other criminal acts. No evidence, never plead guilty, interviewed for 11 hours.

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9
Q

What is the most common training program for interrogation in the US and Canada?

A

The REID technique.

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10
Q

What does the PEACE model stand for?

A

Preparation and planning (aims and objectives)
Engage and explain (establishing rapport)
Account ( 2 methods: cognitive interview or conversation management)
Closure (summary of interview)
Evaluate
This model is used by psychologists.

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11
Q

Why wouldn’t someone confess?

A

Fear of consequences, think you can get away with it.

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12
Q

Why do people confess?

A

Feelings of guilt, anxiety with deception

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13
Q

What is the psychology behind the REID technique?

A

To minimize the reasons not to confess (fear of consequence), and to maximize the reasons to confess (feelings of guilt, anxiety with deception)

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14
Q

What are some minimization techniques?

A

Extenuating circumstances (I understand why you did this, no big deal)
External attribution
Belittle seriousness of crime
Blame the victim

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15
Q

What are some maximization techniques?

A

Scare tactics
False claims
Exaggerating the seriousness of the crime
Knowledge bluff trick (fingerprints, DNA, cop posed as eyewitness).

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16
Q

Where is a REID investigation typically conducted?

A

In a room devoid of comfort and distractions, accoustically sound proof, bare of furniture and ornaments, no communication with friends or family.

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17
Q

Why is are REID interrogations conducted in such specific settings?

A

To promote lack of control and social isolation- illusion that the world is withdrawing.

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18
Q

How should the investigator behave in a REID interrogation?

A

Invade personal space to increase anxiety, equal eye-level, don’t let the suspect set the ground rules, firm but not arrogant, establish authority to increase compliance.

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19
Q

What are the three stages of the REID process?

A

1) Factual analysis
2) Behavioural analysis
3) Reid interrogation

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20
Q

What is factual analysis?

A

Identify the suspect, gather evidence, interview witnesses, consider facts (motive/opportunity), medical and forensic information.

21
Q

What is behavioural analysis?

A

Conduct a non-accusatorial interview of the suspect to assess for deception and guilt (are they deceptive in other situations, build rapport)

22
Q

What are some tips to recognize deception?

A

1) Hand shaking- twist your hand and if they follow suit they are more likely to be forthcoming
2) Ask about the day of the crime, if the level of detail differs for the time of the crime, then they might be hiding something
3) Innocent suspects give concise answers with no fear of being trapped
4) Guilty suspects won’t make eye contact and are overly polite.

23
Q

What is the REID interrogation?

A

Accusatorial interrogation if the suspect is believed to be guilty. 9 steps to obtain confession.

24
Q

What are the 9 steps of the REID interrogation?

A

1) Confront suspect with guilt (existing or fabricated evidence)
2) Themes to help suspect justify, rationalize, excuse the crime (have to stop this)
3) Interrupt attempts to deny crime
4) Continually interrupt until suspect becomes quiet and withdrawn
5) Make sure the suspect remains focused on the interrogation (sitting close, eye contact)
6) Sympathy and understanding
7) Alternative questions to suspect to induce suspect to acknowledge responsibility
8) Once this happens, help them develop a full confession
9) Have suspect write and sign a full confession.

25
Q

What did Wald et al. find after studying 127 interrogations?

A

65 involved at least 1 REID tactic with an average of 2 tactics used per suspect.

26
Q

What is the most common approaches with the REID technique?

A

Overwhelming the suspect with damaging evidence, assert firm belief in guilt, appeal to confess for everyone’s sake, appeal accompanied by sympathy and concern for the suspects welfare.

27
Q

What are some other REID strategies that are typically used?

A

Good cop/bad cop, playing suspects off or against each other, minimizing the seriousness, shifting blame to external factors, alerting suspect to signs of nerves, promises, vague threats.

28
Q

What did King and Snook find when they looked at 44 videotapes of Canadian police interrogation?

A

Used an average of 34% of the components of the REID technique
More minimizing strategies over maximizing
27% of these were deemed coercive in nature.

29
Q

What are confessions associated with?

A
  • Number of core REID components used

- Number of coercive strategies used.

30
Q

What are the 3 main issues with the REID technique?

A

1) Detecting deception
2) Investigator Bias
3) Coercive nature

31
Q

Are police officers any better at detecting deception than other people?

A

No- even after training they tend to be no better.

32
Q

What is investigator bias?

A

Begin with the assumption of guilt, confirmation bias

33
Q

What was Kassin, Goldstein, Savitsky’s study on investigator bias?

A

Had a vignette with 2 (actual suspect guilt: guilty or not) x 2( perceived guilt: guilty or not). Had 6 questions worded differently (how did you find the key behind the VCR, what do you know about the key behind the VCR?) and tried to expose inconsistencies.

34
Q

What were the findings from Kassin, Goldstein, and Savitsky?

A

When investigators had an expectation of guilt they chose more tactics and more presumptive questions. With innocent suspects, investigators indicated they tried harder to gain a confession and exerted pressure. Innocent suspects also rated their interrogators as more intense than guilty suspets.

35
Q

What did Rattner find when he analyzed 205 known cases of wrongful convictions?

A

8 % of them were as a result of coerced confession.

36
Q

Out of the 337 people exonerated by the innocence project, what percentage of these people were convicted due to false confession?

A

25%

37
Q

What is the most common factor for wrongful conviction?

A

Mistaken identity, with false confession being number 2

38
Q

What is a voluntary false confession?

A

Admit to a crime without any elicitation for police.

39
Q

Why would someone elicit a false confession?

A

1) Notoriety
2) Fact versus fantasy
3) Feelings of guilt, want punishment
4) To protect someone else.

40
Q

What is a coerced compliant false confession?

A

When someone confesses and are aware they did not do it after police pressure. q

41
Q

Why would someone elicit a coerced compliant false confession?

A

To escape further interrogation, gain promised benefits, avoid threat/punishment.

42
Q

What is a coerced internalized false confession?

A

When someone confesses after police pressure, but they now believe they did it.

43
Q

What are the factors in a coerced internalized false confession?

A

1) History of substance abuse
2) Difficulty distinguishing fact from reality
3) mental state issues (severe anxiety, confusion, guilt)

44
Q

What is the Kassin Paradigm used for?

A

To study false confessions in a lab.

45
Q

What is the process of the Kassin Paradigm?

A

A confederate dictates letters that the participant must type, if they hit the ALT key they are told all data will be lost. Then stage a computer crash and accuse the person of hitting ALT.

46
Q

What were the results of the Kassin Paradigm?

A

All confessed when a witness was present, 2/3 later made statements that they believed their confessions and manufactured explanations.

47
Q

What are the consequences of false confessions?

A

Confessions are the most damaging pieces of evidence that can be presented at trail, even coerced confessions are shown to affect jurors verdicts although they indicate they have not been affected.

48
Q

What are the 3 criteria for having a confession admitted in to court?

A

1) Confession must be voluntary
2) Defendant must be competent when confession is given
3) Confession must be made to a person of authority