Juror Beliefs About Police Interrogations, False Confessions, and Expert Testimony

2010 ◽  
Vol 7 (2) ◽  
pp. 231-247 ◽  
Author(s):  
Mark Costanzo ◽  
Netta Shaked-Schroer ◽  
Katherine Vinson
2002 ◽  
Vol 4 (4) ◽  
pp. 332-343 ◽  
Author(s):  
Gisli H. Gudjonsson

Miscarriages of justice are sometimes caused by confessions, which are coerced by the police or result from suspects' psychological vulnerabilities during custody and interrogation. In recent years there has been considerable research into police interviewing, psychological vulnerability, and false confessions. This paper summarises the salient British research and reviews briefly 23 high-profile murder cases where convictions based on confession evidence have been quashed on appeal between 1989 and 2002. In over half the cases the appellant's psychological vulnerability, rather than coercive or oppressive interviewing, rendered the confession unreliable. The review of the cases demonstrates that relevant psychological research and expert testimony in cases of disputed confessions have had profound influence on the practice and ruling of the Court of Appeal and the House of Lords. The cases presented in this paper show that it is wrong to assume that only persons with learning disability or those who are mentally ill make unreliable or false confessions. Personality factors are often important in rendering a confession unreliable.


Author(s):  
Iris Blandón-Gitlin ◽  
Amelia Mindthoff

In recognition of the role that false confessions play in wrongful convictions, it is recommended that criminal interrogations be video recorded from beginning to end to document the process by which suspects decide to confess. With a full video recording, it is assumed that jurors can see for themselves whether the defendant was coerced to confess to a crime he or she did not commit. Yet research suggests that video recording may in fact induce bias in interpretations of coercion and confession reliability, as factors like camera angles and close-ups can make confession evidence too vivid and persuasive. Without proper interpretation, even seemingly neutral recordings may unduly influence jurors’ decisions about confessions. This chapter reviews the literature on the usefulness of video-recorded interrogations in assisting jury decision-making, as well as the potential for procedural safeguards (e.g., expert testimony) to improve jurors’ understanding of the issues at hand.


2019 ◽  
Vol 66 (5) ◽  
pp. 687-711 ◽  
Author(s):  
Fredericke Leuschner ◽  
Martin Rettenberger ◽  
Axel Dessecker

Although in the United States wrongful convictions and imprisonments are a major public and scientific concern, this topic has been largely ignored in Germany for decades. The present article offers for the first time an overview of all accessible German cases of successful retrials involving convicted persons who served a prison sentence since 1990. The data refer to 31 wrongfully convicted persons in 29 independent cases. Although the largest group consists of cases of false allegations, some of the wrongly convicted were considered not guilty by reason of insanity, and a few wrongful convictions occurred because of eyewitness misidentification and false confessions. In addition, incorrect expert testimony contributed considerably to the wrongful conviction in some cases.


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