lecture 4 - interrogations + confessions

Question 1

T/F admissibility of confessions evaluate whether the confession was made voluntarily

Answer 1

T

Question 2

Oickle test

Answer 2

determines voluntariness of confessions

1. suspect must be of sound operating mind
2. no threats or false promises
3. no oppressive interviewing context
4. no deception that would shock the comm

Question 3

interrogations

Answer 3

designed to get incriminating information to help case + ideally a confession from suspect

Question 4

interview

Answer 4

information gathering focused, whatever the nature of that info ends up being

exploration of what info id available

not accusing anyone of anything

Question 5

reid technique

Answer 5

1. factual analysis
   - gather evi
   - so can go into interview with all available info
2. behaviour analysis interview
   - assess guilt w/ behav provking qs - determine if being deceptive
   - if deceptive, go into interrogation
   - problematic bc police don’t have good technique of telling if deceptive or not
3. interrogation
   - obtain confession
   - use techniques to more liekly to confessions may not always be accurate

coercive heavy + gold standard, esp in america

Question 6

loss of control

Answer 6

control taken from suspect by:
- physical enviro
- no distractions
- being watched due to 2way mirror

-content + pace of conversation

• amount of time spent being interviewed

feel like they’re not in control of what happens to them

Question 7

social isolation

Answer 7

interrogations happen alone, esp if waive rights

lack of support from friends

suspect has no way to confirm truth

Question 8

certainty of guilt

Answer 8

interrogators focus on guilt of suspect - guilt presumptive

may present real or fabricated evi to illustrate guilt
- recommend in reid technique to do this

Question 9

minimization of culpability

Answer 9

• interrogators minimize suspects role in crime

shifts blame to other indvs/circumstances

suspect given choice between they committed crime for justifiable reason or they comitted a crime for a terrible reason

Question 10

minimization technique

Answer 10

designed to lull suspect into false sense of security

providing alt explanations providing justification for crime

Question 11

maximization technique

Answer 11

designed to intimidate a suspect

interrupting denials, making accusations, prevent them from justifying things or explaining self

makes situation seem more serious

Question 12

issues w/ reid technique

Answer 12

• detecting deception
• investigator bias
  
  • tunnel vision
• false confessions

micheal crow gave coercced internalized confession

Question 13

use of reid technique in canada

Answer 13

flaterring suspect is common

playing suspects against one another

not having suspect handcuffed in room

Question 14

mr big

Answer 14

undercover officers befriend suspects

suspect enticed to engage in crim activity + compensated

suspect pressured to confess past crime to mr big

its controversial BUT still admissible in Canada

coercive + unethical - violated suspects rights

influential to jurors

exclusive to Canada

Question 15

reforms to reduce false confessions

Answer 15

video recording (from begnning to end)

requiring probable cause before beginning interrogations

expert testimony

Question 16

information-gathering approaches

Answer 16

approach w/ an information-gathering goal
- goal is to elicit info
- not just incriminating info
- no presumption of guilt
- open questions
- non-deceptive

Question 17

PEACE method/model

Answer 17

P - preparation + planning
E- engage + explain
A - account
C- closure
E- evaluation

more ethical + humane - more likely to be admissable in court - generally more accurate info.

getting ppl to talk about things they dont wanan talk about

Question 18

police and criminal evidence act (PACE)

Answer 18

made it illegal to trick or lie to suspects about evi

interrogations must be recorded

appropiate adult must supervise interrogations of vulnerable suspects

used in UK, cant use reid technique

Question 19

impact of PACE act

Answer 19

confessions rates haven’t reduced

coercive tacts may still take place outside interrogation room

Question 20

coercive tactics

Answer 20

use psychological or physical pressure to force confessions, often involving deception (lying about evidence), threats, isolation, abuse of power, or deprivation of needs

Question 21

reid technique used in central park 5

Answer 21

T

Question 22

permissible police behav for admissable confession

Answer 22

• lying within limits
• good cop, bad cop
• offering counselling + religious appeals
• using polygraph
  -presenting fabricated evi
• involving fam in appeals

Question 23

non permissible police behav for confession

Answer 23

• physical abuse or torture threats
• creating oppressice conditions
• having fam in threats
• using tricks that would shock comm

Question 24

do ppl understand risks to waiving rights

Answer 24

• yes, esp under stressful conditions

consequences of doing so aren’t well communicated

Question 25

jurors perceptions of confessions

Answer 25

confessions are highly influential higher conviction rates proven false confessions linked to wrongful convictions even retracted confessions still appear compelling

Question 26

fundamental attribution error

Answer 26

attributing other persons behav to internal factors, ignoring influence of situations factors review study for this

Question 27

3 main types of false confessions

Answer 27

voluntary false confessions coerced-complaint flase confession coerced-internalized false confession

Question 28

voluntary false confessions

Answer 28

Suspect falsely confesses to a crime they know they did not commit without any coercion or influence why? - fame - protect another indv - mental illness jon benet case

Question 29

coerced-complaint false confession

Answer 29

suspect falsely confesses to a crime they know they did not commit. Results from coercive interrogation techniques. Might believe confessing is only way to stop the interrogation/leave. - confess to make it stop + deal w/ it later happened in central park 5 case

Question 30

coerced-internalized false confession

Answer 30

Suspect falsely confesses to a crime they have come to believe they committed. Result of coercive interrogation techniques Belief in their own guilt, even with a lack of memories micheal crow case

Question 31

why do ppl confess to things they didnt do

Answer 31

vulnerability of suspect coercive interrogation tactics

Question 32

ppl who are at higher risk of false confessions

Answer 32

highly suggestible: youth, intellectual disability lack of understanding of consequences of confessing believe they need to confess for best outcome due to situation or an authority figure

Question 33

interrogation-related regulatory decline

Answer 33

affecting cognitive control: ability to focus + think logically due to stress, fatigue, isolation intense situation reduces a suspect’s ability to consider the consequences à proximal rewards become the focus rather than long-term consequences.

Question 34

phenomenology of innocence

Answer 34

innocent? More likely to waive their rights. ¡ Don’t realize they are a suspect, or they think “I don’t need a lawyer – I haven’t done anything wrong”. People want to help the police with their investigation. ¡ Believe that their innocence will become obvious later—even if they confess, and they can just retract their confession.

Question 35

elements of reid technique

Answer 35

loss of control social isolation certainity of guilt minimzation of culpability min + max

Question 36

# t/f there is emprical evi that slower speech and high tone voice is dece

Answer 36

t