Investigative Interviews & False Confessions Flashcards
Interrogation
accusatory, told committed offence, facts & evidence presented. -1980s UK can’t lie
Investigative Interview
develop rapport, prompt suspect disclose info, not ness force confession.
-but search for truth to obtain acc/reliable info.
R v Justice Heron
concern if officers deliberately misrep evidence to suspect (strength/nature)
Cardiff 3
suspects in murder Lynette White.
- repetitive Qs, agg, long. Shy of physical abuse.
- ignored repeated denials.
- sentenced life- few years later cleared.
Interro & Inves Interviews
- 1990s
- oppressive?
- UK Home Office 1991
- Michael Crow
- Irving 1980
1990s police interview aim get confessions.
-believed stereotypical cues= someone lying.
Interviewing can be Oppressive- 6/7 ppl in room, personality type, embarrassing- sex life, self-harm etc..
-mental health, age, room setting.
UK Home Office 1991- set training for investigative interviewing = PEACE Model 1992/93
Michael Crow- 10 hour interrogation, wore down, false confession to child abuse.
Irving 1980- solitary confinement “has rather startling effects”
Reid Technique (Inbau et al 2013)
- 9 step
- 4 false premises
- Harrison & Horne 2000
- Rosenthal & Jacobson 1968 –Tom Sawyer
- Kassin & Fong 1999
- Vrij 2000
- accusation, use bluffs/lies about evidence.
- min evidence if emotional suspect or max evidence if un-emotional.
-Behavioural Analyses Interview- done first to determine guilt.
9 step interrogation approach:
1- Direct positive confrontation.
2- Theme development.
3- Handling denials.
4- Overcoming objections.
5- Procurement & retention of suspect’s attention AND
6- Handling the passive mood.
7- Presenting an alternative question.
8- Have suspect orally relate various details of offence.
9- Converting oral confession to written one.
4 false premises:
1- Interviewing only aspect of investigation.
2- Confessions have to be obtained.
3- Only guilty confess- (NYC v Wise et al 2002)
4- Police officers experts at telling guilty/not guilty
Eval:
interrogations don’t work in any situation- prisons of war, Guantanamo etc…
Harrison & Horne 2000- reids isolation/confrontation/minimization= fatigue, sleep deprivation = heightened susceptibility influence & impair complex decision making.
Rosenthal & Jacobson 1968- once impression is formed unwittingly seek interpret & create behavioural data to verify.
–e.g. Tom Sawyer- Florida- ex-alcoholic & antisocial personality disorder- due looking flustered- interrogated for 16 hours & got false confession.
Kassin & Fong 1999- reid less acc than control with no training.
Vrij 2000- no better than chance.
Research what makes a good interview
- Stewart 1985 (4)
- Stockdale 1993
Stewart 1985 “info lifeblood of criminal investigation, ability obtain useful & acc info, crucial for law enforcement”.
1- have Knowledge of psychology of interview & scientific experimentation.
2- wide range Theoretical/Practical Techniques to draw upon.
3- substantial practise in Learning Envrio.
4- are Supervised & given Feedback on interview (analyses rarely happens in UK police).
Stockdale 1993- good interview- planning/prep, legislation knowledge, app use interview skills/structure/style, fairness, open-mindedness, nothing omitted.
- effort further investigation & maintain integrity- OPEN Qs
- –e.g. child sex offender- many use diff tone, don’t personally want hear details= more closed Qs= worse interview.
PEACE
- Bayley 1994
- Walsh & Milne 2008
- McGurk, Carr & McGurk 1993
- Clarke, Milne & Bull 2011
- design framework for interviewing in ANY Situation with ANY type of interviewee
- originally designed Police England/Wales.
Bayley 1994- suggest police many countries have common probs & help & directly learn from each other.
-New Zealand, parts Auss, Canada, part Europe etc…
planning &prep -> engage & explain -> account, clarify & challenge -> closure-> evaluation
(look at actual model)
Walsh & Milne 2008- perform best when trained in PEACE.
McGurk, Carr & McGurk 1993- (first eval) used knowledge tests & interviews with hypothetical events- ided better after PEACE training relating to:
-open-mindedness, Q techniques, interview structure, listening skills, also improvements in intro & comm skills.
Clarke, Milne & Bull 2011- widest ranging PEACE research- most forces England/Wales. Interview plans should become integral part process, not always done for lesser crimes as perceived lack of time.
–found 39% did none at all.
Principles of Investigative Interviewing (7)
1- obtain acc/reliable account from all witnesses/victims/suspects relevant to investigation.
2- investigators act fairly- consider vulnerable ppl (who is vun??).
3- approach Investigative Mindset- test what found against what known & what’s reasonable established.
4- ask wide range of Qs to obtain material to assist investigation.
5- recog positive impact of early admissions (can lead prob- confession focus)
6- interviewers not bound accept first answer to given Q & not unfair if persistent (where is the line??)
7- must ask Qs even if suspect remains silent- in case comes up in court.
Rapport
-interact meaningfully, contribute as interested party, not list of Qs, connect, talk to as an individual, use empathy (where is line??).
Personal & professional process of interviewing offenders
-Oxburgh 2005 from Clarke & Roger 2002
(see model)
(look at model) for Investigative Interview
static factors- age, gender, occupation
stable factors- coping style, qualifications, training
positive outcomes- acc info, use empathy
negative outcomes- non-effective interview, retraction
dynamic factors- health, peer supp, personnel trauma
=effective training
- neg spiral might occur due to freq victim pull-outs before trials.
- so why bother putting in a lot of effort?
Decision Making Model (Hilgendorg & Irving 1981 (5))
aspects: 1- Remain silent or not. 2- Make self-incriminating admissions or not. 3- Tell truth or not. 4- Whole truth or modified. 5- How to answer Q asked.
Confession
- Kassin & Wrightman 1985 (3)
- Gudjonsson 2003
-where confesses committing/involved in commission of criminal offence.
Kassin & Wrightsman 1985- 3 types:
1- Voluntary Confession
2-Coerced-Compliance- want pls interrogator via positive feedback for complying, preserve self-esteem, fulfil bargain, avoid further contact, out of custody, avoid threats (real/fake).
3-Coerced-Internalisation- come accept interrogators version as truth- personal experience.
-Gudjonsson 2003- risk evidence as inadmissible even if confession is true & lead resentment from suspect & lengthen court process due dispute.
ppl confess- Criminal Justice System more favourable to you- 1/3 off sentence, less serious, if confess- it’s over.
–e.g. Pedos often thankful as it means they have been stopped. -strength of evidence
False confessions (Vennard 1984 (3))
- coping strat
- Europe
- Plimmer 1997
- Kassin 2005; Kassin & Neuman 1997
- Bruce Goldschalk
- Birmingham 6, 1975
- Derek Bentley 1953
- Michael Crow
- Innocence Project
- NYC v Wise et al 2002
Vennard 1984- 3 most common reasons to have given a false confession:
1- Promise of early release
2- Prolonged detention in police cells.
3- Actual/threat of violence
- fits view of compliance as Coping Strat used avoid aversive/stressful experience of custody/interrogation/interviewing.
- do we need confessions- Europe increasing trend acquisition of evidence independent of confession/investigative interviewing.
- easily manipulated, not very factual/effective.
- should be removed or not weighted as heavily.
Plimmer 1997- confessions still remain important for evidence.
Kassin 2005; Kassin & Neuman 1997- showed confession stronger impact on jury decision making than any other type evidence
Bruce Godschalk- 15 years prison 2 rapes- DNA exonerated yet district attorney not release him at first- due trusted police confession.
Birmingham 6- May 1975- IRA suspects charged for murder & conspiracy cause explosions. 17 years in prison.
-statements made November since repudiated & deemed admissible as evidence- led major reviews police interviews.
Derek Bentley 1953- hanged murder police at age 19, found innocent in 1993.
Michael Crow- 14 y/o confess stabbing sister, denied for hours, they lied about lie detector, his hair in her hand & her blood on his clothes, until he confessed.
Innocence Project- 15-25% DNA exonerated those made false confessions prior to trial.
NYC v Wise et al 2002- female jogger, raped/beaten/left to die. 5 false confessions in 1. 5 african/hispanic americans 14-16 y/o.
- interrogated 14-30 hours.
- 13 years later real rapist came forward & confessed.
