test 4- Interrogations and confessions Flashcards

1
Q

difference between interrogation and police interview

A

In an Interrogation, the goal is not to get information, but want to get a change in behaviour leading to a confession

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2
Q

why are confessions important?

A
  • if later recant the confession, the onus now on them to demonstrate they aren’t guilty b/c previously said they were guilty
  • Expedites things, can skip trial and send in for sentencing hearing (just decide sentence) everything faster and easier
  • Some believe confession is good for individual, they have accepted what they have done is wrong, often punishment is less too
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3
Q

9 steps of REID technique

A
  1. confront the suspect with their guilt (tell them you have evidence- can make up if need to)
  2. provide the suspect with the means to justify their crime (Offer them a way out- convince them it is alright to admit to it)
  3. denials are interrupted (don’t let them continue)
  4. be overbearing until the suspect becomes quiet and withdrawn (Can’t let them get the upper hand as then you can’t manipulate)
  5. once 4 is achieved, come closer (avoid tune out)
  6. provide sympathy and understanding
  7. offer to save face (like step 2 again)–>Provide believe that they aren’t a bad person, that they understand why you did what you did
  8. develop 7 into full confession
  9. write and sign
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4
Q

minimization interrogation tactic

A

=minimize culpability, minimize how bad they should feel

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5
Q

maximization interrogation tactic

A

=maximizing potential negative outcomes if don’t confess, imply that if follow along, the process will go easier

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6
Q

when can deception not be used during interrogation?

A
  • there is a regulation on lying

- deception only acceptable if not so appalling that shocks community

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7
Q

Mutt-and-Jeff interrogation tactic

A

=Good cop/ bad cop tactic

-One officer performs overbearing behaviour and is difficult, and other provides sympathy (someone who can be trusted)

-Rarely used

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8
Q

knowledge bluff trick (interrogation tactic)

A

pretend know things you don’t know

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9
Q

baiting questions (interrogation tactic)

A

asking hypothetical questions

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10
Q

rapport building (interrogation tactic)

A

-try to befriend individual

“I am here to help you”

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11
Q

David Simon

A
  • wrote book “Homicide: a year on the killing” –> had unprecedented access to police interrogation tactics
  • created tv show “the wire” and “homicide” (amazing for realism)
  • didn’t like tv writing so was just a consultant later on
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12
Q

3 types of false confessions

A
  1. voluntary
  2. coerced- compliant
  3. coerced- internalized
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13
Q

voluntary false confession example

A

over 200 ppl confessed to kidnapping Lindbergh baby

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14
Q

coerced- compliant (false confession) and example

A

go along with it in hopes of better outcome

may be given to escape further interrogation, gain promised benefit, avoid threatened punishment

ex. 1974 IRA attacks–> confession beaten out of them, later shown they didn’t commit crimes

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15
Q

coerced-internalized

A

coerced into confession, then actually believed they committed the crime

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16
Q

Paul Ingram (1988)–> coerced-internalized false confession case

A
  • accused on sexually abusing his 2 daughters
  • belonged to church (concern about satanic ritual abuse), believed Satan could get you to do things (demonic possession) and wipe your memory after
  • camp councillor insisted his daughter was abused (she didn’t remember) and sent her to recovered memory therapy, also brought other daughter too
  • He confessed to sexually abusing both daughters as he believed it must had really happened if they said so
  • overall, accused of impregnating daughters multiple times, and killing 25 new born babies
  • no physical evidence of pregnancies or abuse, psychologists did not believe he could have done these things
  • released in 2003, but still register as sex offender, daughter believes he did it
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17
Q

Kassin & Kiechel (1996)

“research into false confessions”

A

METHODS

  • ppl came in for rxn time experiment-told not to hit the ALT key on keyboard as will crash system
  • during experiment the computer crashed and accused them of pressing the ALT key (all denied at first)
  • during task a confederate was present and some claimed they saw participant hit ALT key
  • tried to get false confession (used threats)

RESULTS

  • no true confessions
  • for slow, witnessed conditions 35% complied
  • fast condition 65% complied and 12% internalized
  • witness w/ fast condition all complied and 2/3 internalized, 1/3 made up story of how it happened
18
Q

Nash & Wade (2009)

“gambling task using honour system”

A
  • increased stakes: gave ppl money to gamble, money isn’t there’s but goes to next person
  • if lose, put money in bank, if win can take money out of bank
  • doctored videos to show they took when shouldn’t have
  • provided video proof to half, but all told they had proof that they stole

Results

  • when told=10% confabulation
  • when see video= make stuff up
  • 73% full internalization of confession
  • when told about video, full confabulation is 13%
19
Q

Kassin et al (2003)

“student as interrogators and suspects”

A
  • gave brief REID technique training & interrogators devised interrogation plans ahead of time
  • suspects accused of stealing $100, told not to admit
  • interrogators must get confession from suspects
  • some interrogators don’t know who is guilty, some told 4/5 of time ppl are guilty, others told 4/5 times ppl are innocent

RESULTS:

  • expectation had big effect If believed they were innocent
  • innocent declared guilty more often then guilty are
  • when person is innocent but belief they are guilty this is when most effort is put into interrogations
20
Q

why was the Reid technique originally developed?

A
  • developed due to growing public concern that police shouldn’t beat ppl to get confessions/ information
  • beating was banned by 1960, but needed alternative way to coerce someone into confessions–> leading to psychological methods
  • additionally wanted to avoid false confessions
21
Q

to what extent can deception be used in reid technique?

A

allowed to lie until shocked community

22
Q

what is the most common interrogation technique in Canada

A

Reid technique

23
Q

3 general stages of reid technique

A
  1. Gather evidence
  2. Conduct a non-accusatorial interview to assess deception/guilt (BAI)
    =Subjective assessment of deception

3.Conduct an accusatorial interrogation to obtain a confession–>In order to conduct, would have to have a guilt bias

24
Q

problems associated with the reid technique (3)

A
  1. police deception detection (not very effective)
  2. rights waiving-encouraged to get them to waive their rights, don’t want 3rd party involved
  3. investigator bias
25
Q

Russano et al (2005)

A

-addresses Kassin & Kiechel problem of no true confessions and validity issues

METHOD:

  • brought ppl in for problem solving exercise
  • other person in room asks person for help
  • hand in paper and all accused of helping (high stakes)
  • used reid technique (minimization and deal)

RESULTS:

  • no tactic used –> 46% true confession and 6% false
  • tactic –> 87% true confession and 43% false (confession rate increased)
26
Q

purpose of PEACE

A
  • 2nd most popular police technique

- purpose is to get information, not a confession (interview not biased)

27
Q

components of PEACE (5)

A
  1. preparation and planning (have info on person and plan strategy)
  2. engage and explain (don’t lie, explain what is happening, encourage presence of attorney)
  3. account (give account of what happened and try to get info)
  4. closure (thank them for coming, tell them what happens next)
  5. evaluate (go through info collected)
28
Q

explain ‘account’ from PEACE

A

-doesn’t involve deception

  • can involve:
    1. cognitive approach=guide them into reliving event, don’t use leading questions, take things out of order changing perspective)
    2. conversation management= break down things into small components, do extensive questioning on all pieces)
29
Q

what kind of questions are used minimally in reid technique but must be used in PEACE?

A

open-ended–> get more information

30
Q

PIM

A
  • phases interview for suspects
  • new technique developed by RCMP in BC (still not widely used)
  • adopts many aspects of PEACE (goal is to get info- non accusatory), but allows for confrontation
31
Q

Mr. technique

A

-noncustodial procedure where happens outside interrogation room

  • Undercover police officers pose as members of a criminal organization and to lure suspect into gang
  • suspect made to commit crimes in which they are rewarded for
  • Once committed to organization, suspect is ‘interviewed’ for a higher level job, however must confess to crime before will be accepted for job
  • Confession used against suspect in trial
  • quite effective (75% conviction and 95% conviction rate)
  • questions of entrapment and whether confessions are voluntary or coerced; yet Canadian courts permit
32
Q

issues surrounding Miranda-rights

A
  • most ppl don’t understand rights even when told them

- better understanding gained if able to see on paper

33
Q

R. v. Oickle (2000)

A

Confessed to 7 counts of arson

confession gained after questionable interrogation techniques

34
Q

what criteria does the supreme court consider when determining if confession should be deemed as voluntary? (4)

A
  1. Court must consider whether police made threats or promises
  2. Court must look for atmosphere of oppression
  3. Must consider whether suspect had an operating mind (aware of what they were saying)
  4. Must consider degree of police trickery used to extract confession
35
Q

R. v. Chapple (2012)

A
  • case where Judge criticized interrogation tactics used and deemed confession inadmissible
  • Self employed daycare operator accused of being responsible for serious head injuries suffered by a child in her care
  • Interrogated for 8hrs, continually questioned while asserting right to remain silent
36
Q

retracted confession

A

a confession where the confessor later declares to false

37
Q

Disputed confession

A

a confession that is later disputed at trial

38
Q

voluntary false confession

A

=voluntarily confess to crime they didn’t commit without elicitation from police

-Reasons:
a morbid desire for notoriety
-person unable to distinguish between fact and fantasy
-need to make up for pathological feelings of guilt by receiving punishment
-desire to protect somebody else from harm

39
Q

compliance

A

= tendency to go along with demands made by ppl perceived to be in authority, even though the person may not agree with them

40
Q

internalization

A

the acceptance of guilt for an act even if they did not actually commit

41
Q

confabulation

A

the reporting of events that never actually occurred