week five Flashcards
types of false confessions
- coerced compliant
- coerced internalized
- voluntary
coerced compliant false confession
- people come to actually believing what they are being presented with
- result from police pressure and coercive interview techniques
- motivation: remove self from interview
coerced internalized false confession
- inaccurately believe that they are guilty due to police pressure and suggestion
- creates a memory of being guilty
voluntary false confession
- emerge without external pressure during an interview
- motivations: protect someone else, fame
vulnerabilities (situational and personal risk factors)
- style of police interview: intensity can lead to emotional distress
- young age: younger people make more false confessions
- memory distrust: people will make a false confession because they don’t trust their memory
vulnerabilities (compliance)
- the extent to which a person goes along with leading questions, even if they know the correct answer or information
- significantly related to false confessions
vulnerabilities (suggestibility)
- tendency to acquiescence (accept without protest) to external suggestion resulting in incorporation of misleading information in memory reports
- significantly related to false memories, with some studies showing a link to internalized false confessions
reality monitoring framework
- how people identify a memory as originating from an internal source (ie. imagination; tends to lack detail and distinction) or an external source (ie. perception; tend to contain many details like visual or auditory)
cumulative-disadvantage framework
- precustodial interview
- custodial interview
- ensuing investigation
- guilty pleas and trial convictions
- postconviction appeals and exoneration
precustodial interview
- before arrest and detained
- increased likelihood of waiving interrogation rights
- guilt presumptive process
- inability to distinguish innocent from guilty suspects
- innocent’s naitivete
- manipulative tactics
- vulnerable at-risk suspects
guilt presumptive process
- you are a suspect for a reason
- investigators who expected guilt asked more guilt presumptive questions
inability to distinguish innocent from guilty suspects
- police are no better than the average person at determining wether a person is innocent or guilty
innocent’s naitivite
- innocent people tend to not understand the extent of their rights and beliefs
- illusion of transparency: overestimating the extent to which others can read inner states
manipulative tactics (precustodial)
- building rapport (presenting themselves as an ally)
- bringing food or drinks
- causes norm of reciprocity
vulnerable at risk suspects (precustodial)
- higher likelihood to confessing
custodial interrogations
- increased likelihood of falsely confessing
- manipulative tactics
- innocent’s naitivete
- myopic decision-making
- vulnerable at-risk suspects
manipulative tactics (custodial)
- uncomfortable environment
- social isolation in interview room
- “we know you’re guilty” even if no strong evidence, so maximizing it
myopic decision-making
- short-sighted decision making
- stress might make them focus on the stress, to the point where they falsely confess to protect themselves
- youth and people under substances tend to do this
ensuing investigations
- terminating investigation and corrupting other evidence
- corrupt nonforensic evidence
- biased interpretation of forensic analyses
- increased chances of overlooking exculpatory evidence
biased interpretation of forensic analyses
- lie detector people perceived more deception when the person had confessed
increased chances of overlooking exculpatory evidence
- out of skepticism
- maybe inaccurate because we have a confession
guilty pleas and trial convictions
- increased likelihood of wrongful conviction
- likely conviction at trial
- increased charges and sentences
- increased likelihood of accepting a plea
- vulnerable-at risk suspects
- defendants who falsely confessed were 3x more likely to plead guilty
postconviction, appeals, and exoneration
- increased likelihood of denying appeals and reintegration support
- failed harmless error analysis
- delayed exonerations
- enduring stigma and guilt beliefs
failed harmless error analysis
- in the US
- look at confessions to see if an error analysis occurred (prejudicial or harmless)
delayed exonerations
- people with wrongful confessions and convictions
- takes about a year after release from prison
- still counts as a conviction until exoneration which makes reintegrating difficult
enduring stigma and guilty beliefs
- a lot of people may not trust them anymore
- perceived as associated with criminals
impact of false confessions
- up to 73% of recanted false confessions ended up with a guilty verdict
- even when contradictory evidence is presented
wrongful convictions
- false confessions have contributed to 30% of wrongful convictions in the innocent person archive
- estimated as the leading cause of legal miscarriage of justice in 12%-27% of wrongful convictions
the confessions rule (canadian context)
- a statement made to a person in authority can only be admitted as evidence against them if the prosecution can show that the statement was made freely and voluntarily
- trial judge considers: threats or promises, oppression (deprived basic needs), operating mind, other police trickery