Week 5 - Confession Evidence Flashcards
Confessions are almost impossible to:
retract
Confessions are subject to less ___ than other types of evidence
scrutiny
Confessions are perceived as more __ than other types of evidence
credible
Confessions can be used to convict in the absence of other ______
incriminating evidence
Confessions can override :
exculpatory evidence (evidence which points to them being innocent)
What is “the myth of psychological interrogation”?
a person of sound mind will not confess to a crime they did not commit unless tortured
What is the Mr Big technique?
Undercover officers create a fictional criminal gangs and offer suspect’s membership in exchange for a confession “need to know everything to clean up loose ends”
What are some of the issues with the Mr Big technique?
If the person is innocent, the person is more likely to admit to a crime that they did not commit.
What is the Reid technique?
- Multi step procedure for interrogating suspects: used when suspect is assumed guilty.
- isolation of suspect
- nine-step interrogation technique
- effectively manipulates people, effectively elicits confessions
- ethical??
How many steps are there in the Reid technique?
9
What is an example of minimisation in the Reid technique?
Expectation of leniency “we can help you, just tell us what you know”
What is an example of maximisation in the Reid tehcnique?
Threat of greater punishment.
What are minimisation and maximisation shown to increase in interrogations?
False confessions
What is an example of direct confrontation in the Reid technique?
“We know you were involved”
“In this folder I have al the evidence I need” (this can be false)
What is theme development in the Reid technique?
The talking stage.
Talk about why might this happen, not if they did it. - minimisation.
What is stopping denials in the Reid technique?
Everyone denies guilt initially. Innocent people will step up their denials. Denials must be stopped before they can be completed.
What is overcoming objections in the Reid technique?
- Suspect gives reasons why the accusation is false
- interrogator unsurprised then “accepts” the statement “we know it wasn’t your false, tell us what happened”
What is keeping the suspect’s attention in the Reid technique?
Suspect becomes withdrawn, tense, or confused.
Reduce physical distance
Physical gestures to show sincerity and understanding
What is the step, excuses, understanding and sympathy in the Reid technique?
Suspect may cry or be defeated.
Maintain close physical proximity.
Introduce the idea of an alternative question “did you steal that money to buy drugs, or to help out your family?”
What is the step the lesser of two evils in the Reid technique?
Suspect can choose from two versions of the crime. Morally acceptable version preserves self image.
What is the step, elicit a verbal confession step in the Reid technique?
“We want to hear it form you so we can document” once alternative is accepted, interrogator confirms belief in the suspect’s story. Encouraged to tell their story again using open ended questions. Obtain info only the guilty party would know (contamination).
What is the last step of the Reid technique?
Convert to a written confession.
Although somewhat unethical, what is the most powerful interviewing technique to elicit a confession?
The Reid technique.
How can confessions affect other evidence with E/W identification?
- participants viewed crime and lineup
- some later told that a different person had confessed
- Ps who previously identified no-one: 50% changed their decision
- Ps who previously picked someone else: 61% changed their decision
Confessions affecting other evidence challenges the legal assumption of
“evidentiary independence”
What does evidentiary independence mean?
The notion that all pieces of evidence provide independent evidence of guilt/innocence
What are 3 ways that jurors interpret confession evidence?
- important, persuasive evidence
- not moderated by dodgy circumstances
- processing of inconsistencies/errors
Although most jurors think that confessions are important, persuasive evidence, the US supreme court states that confessions are
not fundamentally different from other types of evidence
What is the harmless error rule?
Idk Sophie, you have to figure this one out.
Witness credibility is undermined by inconsistencies by jurors. When there is an inconsistency in a confession:
These aren’t seen as being undermined.
Are there solutions to help false confessions being found guilty?
- educate jurors
2. limit interrogation time
Videotape interrogations were initially unpopular with police. However, there has recent been a recent
jump in support
Videotaping interrogations have some benefits for investigators. These include:
- reduces use of coercive tactics (minimisation)
2. increases interrogator’s ability to judge veracity
Why does videotaping interrogations not solve all out problems?
Camera perspective bias. If camera is facing the suspect, confession is perceived as voluntary.
What is the take home message in terms of the interrogation week?
DO NOT CONFESS.
What are voluntary confessions?
free admission of “guilt”, often from a non suspect, due to fame and delusions?
What are compliant confessions?
Suspect knows they are innocent, confesses due to social pressure (the Reid technique). They discount future consequences.
Discounting of future consequences ____ are interrogation gets longer.
Increase
What are internalised confessions? Give an example.
Suspect comes to believe that they are guilty. Peter Reilly (aged 18 years). Initial denial and confusion, in the end he had a full confession.
what happened to the case of Marty Tackleff?
- mother killed and father beat
- father woke up and police told him that he “said Marty did it”
- Police told Marty they had done a “humidity test” to prove that he had a shower to wash away the evidence
- both these were false. Marty ended up confessing
