1. Confessions
Chapter 11
11-1

2. What is an Interrogation?
Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way
Includes the interrogation environment due to a measure of compulsion

3. Interrogate Lawfully
The opportunity to interrogate must be lawfully obtained
There must be an absence of force, threat of force, or promise of leniency
There must be compliance with requirements for warnings of constitutional rights to a custodial suspect

4. Compliance Since Miranda
The police have been compliant with the rule of Miranda. Studies on the efficacy of interrogation suggest that interrogations leading to confession are common and that American police officers are good at obtaining confessions.

5. Effects of Miranda on Confessions
Suspects frequently waive their rights and choose to speak to interrogators
Suspects continue to provide confessions
May be at a lower rate than pre-Miranda
Clearance and conviction rates have not been affected significantly
Fewer police officers may attempt to interrogate

6. Who is Likely to Conduct Interrogations?
Neither race nor gender of the officer has an impact on the outcome
Police officers who are most confident in their knowledge of the law are more willing to conduct interrogations

7. Who is Likely to Waive Their Rights Per Miranda?
The vast majority of suspects will waive their rights per Miranda in cases where the officer attempts an interrogation
Some change their mind

8. Why Do People Waive Their Rights?
Police use techniques designed to obtain waivers
Suspects are not all the same, personalities and experiences dictate who will waive
Suspects with prior felony records are least likely to waive

9. Why Do Suspects Confess?
To overcome feelings of guilt and remorse, as well as the fear of retaliation or of losing love
A suspect becomes entangled in the decision on whether to speak or invoke the rights to silence and attorney, making those decisions of their perceived probability of the long and short term consequences
Suspect paranoia is the motivation that suspects have because they are never sure of exactly what information investigators have. They may attempt to give false information to lead investigators in another direction

10. Does a Waiver Affect the Case?
No statistical difference has been documented between those who waived their rights and those who did not in either subsequent charging or severity of punishment
Those who waive are twice as likely to have their case resolved through plea bargaining

11. False Confession Defined
A false confession is a written or oral statement acknowledging guilt, made by one who did not commit the crime

12. Do False Confessions Occur Often?
No solid estimate of the number of false confessions exists
A lengthy interrogation of the suspect, 16.3 hours on average, is a common factor in those cases that have been proven to be false confessions

13. Types of False Confessions
Voluntary False Confessions
People who voluntarily provide false confessions without any external pressure from the police
Compliant False Confession
May result in cases of physical or psychological torture
Internalized False Confession
Some suspects are susceptible to believing that they committed the crime, even though they did not

14. Reasons for Voluntary False Confessions
Due to a pathological desire for notoriety
Due to a conscious or unconscious need to relieve guilt over prior wrongdoings
Due to an inability to distinguish fact from fantasy
Due to a desire to aid and protect the real criminal

15. Reasons for Compliant False Confessions
To escape an adverse situation
To avoid an explicit or implied threat
To gain a promised or implied reward
The suspect perceives immediate gains that outweigh the long term consequences

16. Reasons for Internalized False Confessions
Due to youthfulness
Being tired
Being confused
Being suggestible
Being exposed to false information

17. Improving Interrogations
Follow the facts of the case
Do not focus or over-rely on reading suspect behavior
Know the suspect
Place the suspect’s vulnerabilities in context to know if the suspect understands what is being said

18. Improving Confessions
Preserve the evidence
Avoid contamination by not showing crime scene photos
Use psychology instead of coercion
Use minimization, rationalization, and projection

19. What is Not an Interrogation Situation?
Subtle Compulsion
Minimal duress which is not the product of the words or actions of the police
Traffic Stop
An ordinary stop does not constitute custody
Sobriety Testing
The privilege against self-incrimination does not protect the person from being compelled to produce real or physical evidence
A Stop and Frisk
Is not considered a search nor is it custody

20. Interrogation Tactics
Police may not use ANY tactic that will coerce an individual to give up his or her rights that are guaranteed by the U.S. Constitution
Non-coercive strategies to predispose a suspect to voluntarily waive his or her Miranda rights are permitted

21. Non-coercive Interrogation Tactics
The officer minimizes the potential importance or may blend the rights into conversation
Convincing the suspect to waive his or her rights in order to have the opportunity to speak about his side of the situation
Conditioning
De-emphasizing
Persuasion
The officer is polite and concerned about the suspect

22. Case Specific Methods of Interrogation
Generally suspects respond with admission to a humane interrogation approach

23. Child Pornography Cases
Make a direct accusation statement that is convincing to the suspect, interrupt and dismiss denials

24. Avoid these in Child Pornography Cases
Avoid using judgmental terms and use interrogation themes to offer the suspect a logical reason why they committed the crime
Rationalize the crime
Project blame onto others
Minimize the offense

25. Child Sexual Assault
Child molesters are among the most likely to confess
Give the suspect permission to talk
Don’t share any embarrassing secrets to establish rapport
Be prepared to listen

26. Hate Crimes Some suspects assume police share their biased opinions
Encourage suspects to talk about their feelings toward a particular minority group
Ask the suspect to express their bias motivation
Ask questions to establish motive of hate

27. The Confession Statement
Always allow the perpetrator to read and make corrections to their statement
Ask if they have anything else to say, the majority will apologize
Have them put this in their own writing at the bottom of the confession

28. Homicide
Questions regarding a homicide are usually organized around the four phases of the murder: pre-crime phase, the murder event, the disposal of the body, and the post-crime event

29. Pre-Crime Phase
Ask the offender what he or she did the day prior to the murder and the thoughts and feelings prior to encountering the victim

30. The Murder Event
Question the suspect about how access was gained to the victim, about conversations with the victim, and specifics on methods of torture that were used on the victim

31. Disposal of the Body
Explore the thoughts that the offender had during the killing of the victim and during the disposal of the body
Did the offender take anything from the victim?

32. Post-Crime Phase What did the killer do after the murder took place?
What was the state of mind?
Does anything indicate guilt, remorse, or a lack of feelings for the victim?

33. Sexual Assault Cases
Sex offenders generally tend to confess more frequently than other suspects
Offer a viable alternative to age or consent
Gather physical evidence from the offender as part of the interrogation strategy

34. Truth and Consequences
What really happens if the police fail to read a suspect his rights or use coercion to extract information?

35. Answer:
If the police fail to read a suspect his or her rights, they can't use anything the suspect says as evidence against him or her at trial. The prosecution may use the statements to impeach the defendant if he or she decides to take the stand in court. The individual may still be tried in court if sufficient evidence exists that is not related to the illegally gained evidence.

36. Truth and Consequences
Police officers interrogate suspects in most felony arrests
Wrong! Officers may not even
attempt interrogations in almost half
of all felony arrests
Experience, motivation,
training, and heavy caseloads are among
the factors that influence the decision

37. Truth and Consequences
Does an undercover police officer have to admit who they are if a person asks?
NO! Police officers are not required to reveal their undercover identity

38. Truth and Consequences
If you haven’t been arrested and a police officer wants to question you about a crime, you must answer the questions
Wrong! Refusing to answer a police officer’s questions is not a crime

39. Truth and Consequences
There is no law against lying to the police.
Wrong! It is a five year felony to lie to a Federal police officer (Title 18, Part I, Chapter 47, § 1001). Remember Martha Stewart! Some, but not all, states have similar laws.