Criminal Psychology
Chapter 11(a)
Interrogations and Confessions
Talbot
Kellogg Community College
The Importance of Confessions
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Confession – An admission of guilt.
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Why so important?
“No other class of evidence is so profoundly
prejudicial… Triers of fact accord confessions such
heavy weight in their determinations that the
introduction of a confession makes the other
aspects of a trial in court superfluous, and the real
trial, for all practical purposes, occurs when the
confession is obtained.” (Colorado v. Connelly, 1986, p. 182).
Supreme Court Justice William Brennan
The role of the Psychologist
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Evaluator
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Educator
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Procedures used in police interrogations
Police
General Public
Expert Witness
Author of an amicus brief
Interrogations/ Interviews
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Definition: The exploration and
resolution of issues, not necessarily the
gaining of a written or oral confession.
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Location of physical evidence.
The presence of accomplices.
Other details of the crime or related crimes.
The reality.
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Gain information useful in the attainment of the
immediate goal.
Interrogation v. Interview
What is allowable in this process?
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Legally permissible interrogation tactics.
1.
2.
3.
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Misrepresentation of the facts.
The use of techniques that take unfair advantage of the
emotions, beliefs, or medical condition of the defendant.
Failure to inform the suspect of some important fact or
circumstance that might make the suspect less likely to
confess.
The Goals of Law-enforcement.
Misrepresentation of the Facts
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An accomplice/other suspect has named
him/her as the primary perpetrator.
Informing the suspect that family has
confessed.
Subjecting the suspect to a staged
identification procedure (line-up).
Informing the suspect that the victim of a
murder is still alive.
The use of techniques that take unfair
advantage of the emotions, beliefs, or
medical condition of the defendant.
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Feigning support, sympathy, or concern
(good cop).
Playing on superstitions.
Promising secrecy or confidentiality.
Telling the suspect that not confessing
could have repercussions on the police
officer or on the suspect’s family.
Failure to inform the suspect of some important
fact or circumstance that might make the
suspect less likely to confess.
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Failing to inform the suspect that an
attorney has called and inquired into their
case.
Pretending that evidence favorable to the
defendant is non-existent.
Manipulative Tactics
1.
Minimization – “soft sell”
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2.
Techniques in which sympathy, face-saving excuses
or moral justifications are offered by the
interrogator.
Maximization – “scare tactics”
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Exaggerating the seriousness of offense and
magnitude of the charges.
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3.
Knowledge-Bluff – Possession of evidence or insight
regarding the suspect’s guilt.
Baiting questions – implies the police already know the
answer.
Rapport Building – “emotional appeal”
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Mutt and Jeff – “Good-cop, Bad cop”
Tactics that are illegal
Promises, Threats, & Lies?
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Physical or psychological coercion
Physical force
 Abuse
 Torture
 Threats (even implicit ones) of harm or
punishment
 Prolonged isolation or deprivation (food and sleep)
 Unfounded promises of leniency
 Failure to give Miranda
 Certain types of psychological manipulation
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“Obliquely suggesting the prospect of harm
to the suspect, his relatives, or his
property can be interpreted as
psychological abuse even though these
suggestions do not assume the form of
explicit threats” (Rogers v. Richmond, 1960) –
Supreme Court
The Question
Does the suspect reasonably think he or
she is in sufficient danger?
 Rule of Thumb
Any promise referencing an escape from
punishment or the mitigation of
punishment invalidates a confession.
 This includes any indirect offering of doing
what they can to help.
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Why are not all deceitful tactics
excluded?
Justice Thurgood Marshall
 Martin E. Frazier decision (1969)
“The fact that the police misrepresented the
statements that Rawls had made is, while
relevant, insufficient in our view to make
this otherwise voluntary confession,
inadmissible.”
 Innocents don’t confess!
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