False Confessions and Their Causes

2020 ◽  
pp. 105-134
Author(s):  
William Douglas Woody ◽  
Krista D. Forrest
Keyword(s):  
False Confessions ◽  
False Confession ◽  
Multiple Causes ◽  
Miscarriage Of Justice

The authors open this chapter with an examination of the complex false-confession case of the Beatrice Six, in which six innocent defendants pleaded guilty to or were convicted of a heinous assault and homicide. The chapter discusses this miscarriage of justice in the light of the myth of psychological interrogation, which compounds the already-intense difficulties of identifying false confessions and stopping the process by which these confessions lead to mistaken convictions. The authors present categories of false confessions and then explore three general causes of false confession: vulnerable suspects, investigatory biases, and dangerous interrogation tactics. The chapter concludes with an examination of the ways that causes can interact and the ways that multiple causes and interactions can shape the totality of the circumstances.

Understanding Police Interrogation

2020 ◽  
Author(s):  
William Douglas Woody ◽  
Krista D. Forrest ◽  
Edie Greene
Keyword(s):  
Cognitive Disabilities ◽  
Mental Illnesses ◽  
False Confessions ◽  
False Confession ◽  
Negative Consequences ◽  
Police Interrogation ◽  
Race And Crime ◽  
Mistaken Belief ◽  
Erroneous Belief

What drives suspects to confess during police interrogation? In particular, why do some people falsely confess to serious crimes, despite both the likelihood of severe negative consequences and their actual innocence? Too often, observers endorse the mistaken belief that only people with severe mental illnesses or cognitive disabilities would confess falsely. This common but erroneous belief overlooks the risks that result from additional factors that can influence the nature of an interrogation and may conduce to a false confession, including investigators’ biases, cultural views about race and crime, the powerful effects of police deception on suspects, and characteristics of the suspect and of the circumstances that can increase the suspect’s vulnerability. This book examines numerous cases of false confession to clarify the totality of the circumstances surrounding interrogation and confession, including the interactions of many psychological, legal, cultural, personal, and other factors that lead to greater likelihood of confessions, including coerced or false confessions. It presents recommendations for reforming police interrogation in order to produce accurate, detailed confessions from factually guilty suspects, confessions that stand up under rigorous legal review, are admissible at trial, and lead to guilty verdicts.

scholarly journals False Confessions and the Use of Incriminating Evidence

2013 ◽  
Vol 1 (1) ◽  
pp. 67-75 ◽  
Author(s):  
Tim Cole ◽  
JC Bruno Teboul ◽  
David E Zulawski ◽  
Douglas E Wicklander ◽  
Shane G Sturman
Keyword(s):  
Present Experiment ◽  
Experimental Studies ◽  
False Confessions ◽  
False Confession ◽  
Experimental Task

To date, few experimental studies have looked at the factors that influence people’s willingness to confess to something they did not do.  One widely cited experiment on the topic (i.e., Kassin & Kiechel, 1996) has suggested that false confessions are easy to obtain and that the use of false incriminating evidence increases the likelihood of obtaining one.  The present research attempted to replicate Kassin and Kiechel’s (1996) work using a different experimental task.  In the present experiment, unlike Kassin and Kiechel’s (1996) study, the participants were completely certain that they were not responsible for what had happened, thereby providing a different context for testing the idea that false incriminating evidence increases the likelihood of obtaining a false confession.  The results are discussed with respect to factors that may or may not increase individuals’ willingness to offer a false admission of guilt.

Self-Perceived Likelihood of False Confession: A Comparison of Justice-Involved Juveniles and Adults

2018 ◽  
Vol 45 (12) ◽  
pp. 1955-1976 ◽  
Author(s):  
Emily Haney-Caron ◽  
Naomi E. S. Goldstein ◽  
Constance Mesiarik
Keyword(s):  
Juvenile Justice ◽  
Significant Problem ◽  
Correctional Facilities ◽  
False Confessions ◽  
Miranda Rights ◽  
False Confession ◽  
Authority Figures ◽  
Interrogation Techniques ◽  
Justice Systems ◽  
The Relationship

False confessions represent a significant problem for the criminal and juvenile justice systems and juveniles may be at particular risk for falsely confessing. In part, this risk may be due to juveniles’ greater likelihood of waiving Miranda rights and, consequently, undergoing interrogation, as well as their heightened suggestibility and greater susceptibility to and compliance with authority figures compared to adults. With data from 260 participants in correctional facilities, this study compared juveniles’ ( n = 168) and adults’ ( n = 92) self-reported likelihood of false confessions. Younger juveniles reported significantly greater false confession propensity than did adults, especially in response to directive interrogation techniques. Older juveniles did not differ significantly from adults in their self-reported likelihood of false confession. Miranda rights comprehension mediated the relationship between age and false confession likelihood. These findings suggest the need for greater protections of younger juveniles during interrogations.

After Exoneration: Attributions of Responsibility Impact Perceptions

2018 ◽  
Vol 33 (01) ◽  
pp. 85-103 ◽  
Author(s):  
Meaghan E. Savage ◽  
Kimberley A. Clow ◽  
Regina A. Schuller ◽  
Rosemary Ricciardelli
Keyword(s):  
Attribution Theory ◽  
Social Motivation ◽  
Emotional Reactions ◽  
False Confessions ◽  
Motivation Theory ◽  
False Confession ◽  
Wrongful Conviction ◽  
Attributions Of Responsibility ◽  
Police Practices

AbstractGuided by Weiner’s (1993, Am Psychol 48:957-964) attribution theory of social motivation, we examined perceptions of exonerees. Specifically, we examined whether biased police procedures impacted perceptions of responsibility, emotional reactions, and willingness to assist exonerees. Participants read a vignette involving an exoneration due to either a false confession or an eyewitness misidentification with police practices (biased vs. unbiased) manipulated across participants. Findings corroborate that participants hold more negative views of exonerees who falsely confess than exonerees who were mistakenly identified by eyewitnesses. Moreover, when police bias was high, participants were angrier at the police and less likely to perceive the exoneree as responsible for the wrongful conviction—especially when false confessions were involved. The findings are discussed in light of Weiner’s social motivation theory, and in regards to improving attitudes towards individuals who have been wrongly convicted.

scholarly journals Understanding the Importance of Ethical Dilemma with False Confessions

2018 ◽  
Vol 1 (2) ◽  
pp. 12
Author(s):  
Jr. Phillip Neely ◽  
Amanda Dunstan
Keyword(s):  
Law Enforcement ◽  
False Memory ◽  
Ethical Dilemma ◽  
Life Story ◽  
Real Life ◽  
The United States ◽  
False Confessions ◽  
Court Cases ◽  
False Confession ◽  
Innocence Project

The purpose of this article is to gain a better understanding of the ethical dilemma of false confessions that are created from the use of deceptive interrogation tactics. First, this article will explore various types of interrogation tactics that are used by law enforcement and assess those tactics' ability to influence the suspect in providing a false confession. The various interrogatory tactics that are used by law enforcement in the United States will be analyzed, including the deceptive interrogatory tactics used with the Reid-technique model. In addition, alternative interrogatory tactics, such as the PEACE model will be explored, along with assessing the use of the PEACE model tactics on decreasing the chances of false confessions. Secondly, this article will examine the different types of coercion that may be used in an investigation, such as inherent coercion and psychological manipulation. The ethical concerns regarding false confessions and how these confessions can easily be coerced will be examined. Additionally, the risks involved in creating a false memory with suspects during an interrogation will be discussed; consequently, there is a risk of creating a false memory that could lead to a false confession. Furthermore, the Innocence Project and other court cases that involved false confessions will be discussed. Finally, this article will examine a real life story of an innocent child who falsely confessed to the murder.

False Confessions in Popular Culture

2017 ◽  
Author(s):  
Rebecca Pfeffer
Keyword(s):  
Popular Culture ◽  
Justice System ◽  
Visual Cues ◽  
Police Department ◽  
False Confessions ◽  
False Confession ◽  
Average Person ◽  
The Media ◽  
Fictional Story ◽  
The Way

Stories involving false confessions can be emotional and moving, as they appeal to our innate desire for justice. As such, stories of false confessions can be powerful tools in books, films, and televisions shows. The way that a false confession is framed, and the context in which it is introduced to consumers (whether as readers or viewers) makes a big difference in how a false confession will be perceived. In fictional stories in print or on screen, typically the viewer (or reader) has some sense of a person’s true innocence or guilt. In a television show, the viewer may have already seen a clip of the crime with the true criminal. Other musical or visual cues may also give viewers clues as to the true guilt or innocence of an individual offering a confession to a crime. Because viewers know, or will know, the true identity of the person who committed the crime in question, the use of an interrogation or a false confession (or both) can be used to demonstrate the moral character of the confessor. In exactly the same way, the use of a false confession in a fictional story can be used to demonstrate the morality of a police officer or even a whole police department. For example, a scene depicting the interrogation of a suspect that viewers know is not guilty may be used to demonstrate the use of immoral, coercive interrogation techniques by television detectives. In nonfiction, the exploration of false confessions is often used to demonstrate the fallibility of the justice system. Because the idea that an innocent person would confess falsely to a crime that they did not commit seems incredibly counterintuitive to the average person, in-depth explorations (whether in documentaries, podcast series, newspaper or magazine expose, etc.) of the process by which false confessions can happen can be instrumental in helping people understand the reality of the phenomenon. The way a case or a confession is framed in the media and understood in popular culture also impacts our social construction of that person’s guilt or innocence.

Interviews of Suspects of Crime

2019 ◽  
pp. 315-339
Author(s):  
Marijke Malsch ◽  
Meike M. de Boer
Keyword(s):  
European Union ◽  
Human Rights ◽  
The Netherlands ◽  
European Convention ◽  
False Confessions ◽  
European Law ◽  
False Confession ◽  
Wrongful Convictions ◽  
Police Interrogation ◽  
Interview Methods

This chapter examines the European law and practice of police interrogation of suspects of crime, and more specifically the extent to which wrongful convictions have led to reform of interrogations in six countries: Germany, France, Italy, Switzerland, Belgium, and the Netherlands. Before discussing the regulations and the interview practices of those countries, the chapter describes the different interview methods used by the police and the risk that some techniques might generate a false confession. These include the Reid Technique, the PEACE Model, and techniques associated with false confessions. The chapter goes on to consider the relevant provisions of the European Convention of Human Rights (ECHR) and European Union directives before concluding with an analysis of regulations and police interview practices in the six countries under review.

scholarly journals Wrongful Convictions and Mental Illness

2021 ◽  
Vol 2 (1) ◽  
pp. 22-54
Author(s):  
Lauren Amos
Keyword(s):  
Mental Illness ◽  
Vulnerable Populations ◽  
Justice System ◽  
Racial Bias ◽  
False Confessions ◽  
Miranda Rights ◽  
False Confession ◽  
Wrongful Conviction ◽  
Wrongful Convictions

People with a mental illness (PWMI) are among the most vulnerable populations in the country, yet are far more likely to be incarcerated than people without a mental illness. PWMI are more likely to be wrongfully convicted for several reasons.At the onset of an investigation, PWMI are more likely to become suspects. Symptoms of mental illness breed fear and misunderstanding, arousing suspicion of a PWMI in the first place. Once approached by police, PWMI are more likely to escalate the initial encounter, leading to arrest and further interrogation. Through the lens of the Reid Technique, police misinterpret symptoms of mental illness as signs of guilt. Police continue using the Reid Technique to extract a confession. Mid- interrogation, PWMI are less likely to invoke Miranda rights. Without counsel, PWMI are more susceptible to minimization and maximation techniques, leading to higher rates of false confessions and ultimately, false convictions. These issues are significantly exacerbated for PWMI of color, who experience additional racial bias. From the beginning of an investigation to the end, the justice system seems perversely calculated to target innocent PWMI, rather than protect them. The case of James Blackmon demonstrates how an innocent PWMI can be railroaded into a false confession and wrongful conviction. This paper details Blackmon’s case, analyzes how each step of an investigation endangers PWMI, and examines possible solutions to protect innocent PWMI.  

scholarly journals Ghostly Collaboration: the Authorship of False Criminal Confession

Authorship ◽  
2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Mary Laughlin
Keyword(s):  
United States ◽  
Public Perception ◽  
The United States ◽  
False Confessions ◽  
False Confession ◽  
Collaborative Practices ◽  
Criminal Suspects

Drawing on a body of confession scholarship, “Ghostly Collaboration” defines “coercive ghostwriting,” an authorship-inspired term for collaborative practices enacted between custodial criminal suspects and professional police interrogators resulting in coerced, potentially false confession. Within the United States, still-prominent notions of a Romantically-influenced autonomous Author problematically intersect with public perception of collaborative texts; the coercive ghostwriting label is intended to draw explicit attention to co-authorship via coercive collaboration, hopefully contributing to the ongoing efforts of researchers working to challenge inaccurate views of false confessions.

scholarly journals The Intersection of Wrongful Convictions and Gender in Cases Where Women Were Sentenced to Death or Life in Prison Without Parole

2021 ◽  
pp. 403
Author(s):  
Connor Lang
Keyword(s):  
National Registry ◽  
False Confessions ◽  
False Confession ◽  
Criminal Proceedings ◽  
Child Victim ◽  
Wrongful Convictions ◽  
Life Without Parole ◽  
Death Sentences ◽  
Rules Of Evidence ◽  
And Gender

This Note examines National Registry of Exonerations data and discusses the prevalence of false confessions and presence of a child victim in cases of women who were convicted of murder, received a serious sentence, and were later exonerated. After looking at the cases of women exonerated after receiving death sentences or life without parole sentences in light of the prevalence of these factors, this Note argues that examination of the cases reveals that the presence of a false confession or a child victim may have contributed to some of the wrongful convictions where these factors may have led to the women being viewed as having failed to conform to society’s expectations for women. This Note then discusses why evidence that portrayed the women as having violated society’s expectations could not have been excluded at trial and why exclusion in future cases through the rules of evidence or new legislation is challenging. This Note concludes by arguing that an awareness of how gender can contribute to wrongful convictions or the imposition of harsher sentences can help attorneys and judges guard against gender affecting the outcomes of criminal proceedings.

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