1. 1 False Confessions: Causes, Consequences & Solutions Richard Leo, Ph.D., J.D. Associate Professor University of San Francisco School of Law (415) 661-0162 Email: rleo@uci.edu

2. 2 1 st Part of Talk: Overview How do we know that false confessions are a problem? Why do the innocent falsely confess? What are the consequences of false confession?

3. 3 Studies of Documented False Confessions Author/Year# in Study # of False Confessions %Wrongful Conviction Bedau/Radelet (1987)3504914% Leo/Ofshe (1998)60 N/A Warden (2003)422560% Drizin/Leo (2004)125 N/A Gross et al. (2005)3405115% Innocence Project (2006) 1804424%

4. 4 Pathways to False Confession 1 st : The Misclassification Error 2 nd : The Coercion Error 3 rd : The Contamination Error

5. 5 Consequences of False Confessions: The System POLICE: Close Case, Ignore Contradictory Evidence, Refuse to Admit Error PROSECUTORS: Set Higher Bail, More and Higher Charges, Make Centerpiece of State’s Case DEFENSE ATTORNEYS: Presume Client’s Guilt, Pressure Client to Plead Guilty JURIES: More Likely to Convict, Even if Confession Was Coerced JUDGES: Sentence Higher for Failure to Show Remorse POST-CONVICTION: Law Almost Never Permits Appeals Based on Innocence

6. 6 2 nd Part of Talk: A Closer Look The Psychology of Police Interrogation and False Confession – The Decision to Interrogate – The Two Step Process of Interrogation – The Psychology of Compliance & Persuasion – Risk Factors Minimizing and Preventing False Confessions: Possible Reforms

7. 7 Reforms: Electronic Recording The Problem of “Misleading Specialized Knowledge” Case Studies: – 1) Earl Washington – 2) Bruce Godschalk

8. 8 Other Possible Reforms Improve Police Interrogation Training and Practice Hold Pre-Trial Reliability Hearings Limit/Prohibit Certain Interrogation Tactics Cautionary Jury Instructions