False Confessions / Admissions - Revision history

Ibjadmin at 15:56, 9 November 2016

2016-11-09T15:56:50Z

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	The phenomenon of false confessions is not a recent development. In the United States, false confessions date back to the Salem Witch Trials of 1692. In this period, it was common for accusations of witchcraft to lead to false confessions.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>		The phenomenon of false confessions is not a recent development. In the United States, false confessions date back to the Salem Witch Trials of 1692. In this period, it was common for accusations of witchcraft to lead to false confessions.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>

	Today, false confessions are a leading cause of error in wrongful convictions. In about 25% of DNA exoneration cases, innocent defendants have made self-incriminating statements, delivered outright confessions, or pled guilty.<ref>Innocence Project Website: [http://www.innocenceproject.org~~/understand/False-Confessions.php~~]</ref> Because false confessions are generally discovered through subsequent exonerations, the overall frequency of false confessions is unknown.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>		Today, false confessions are a leading cause of error in wrongful convictions. In about 25% of DNA exoneration cases, innocent defendants have made self-incriminating statements, delivered outright confessions, or pled guilty.<ref>Innocence Project Website: [http://www.innocenceproject.org]</ref> Because false confessions are generally discovered through subsequent exonerations, the overall frequency of false confessions is unknown.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>

	== Persuasiveness of Confessions ==		== Persuasiveness of Confessions ==
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	*Misunderstanding of the Situation		*Misunderstanding of the Situation

	Understanding what can lead to a false confession is the key to recognizing one in the future.<ref>Innocence Project Website: [http://www.innocenceproject.org~~/understand/False-Confessions.php~~]</ref>		Understanding what can lead to a false confession is the key to recognizing one in the future.<ref>Innocence Project Website: [http://www.innocenceproject.org]</ref>

	== Traits of Coerced, Forced, and False Confessions ==		== Traits of Coerced, Forced, and False Confessions ==
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	Eddie Joe Lloyd provides a good example of an individual with a mental illness being coerced by the police. Lloyd was convicted of the 1984 murder of a 16 year old girl in Detroit. He had written to the police with suggestions on how to solve recent crimes and was brought in for questioning. During several interviews, the police fed details of the crime to Lloyd, and convinced him that by confessing he was helping them find the real killer. He eventually signed a confession and gave a tape-recorded statement despite his innocence. In 2002, DNA testing proved that Lloyd was innocent and he was exonerated.		Eddie Joe Lloyd provides a good example of an individual with a mental illness being coerced by the police. Lloyd was convicted of the 1984 murder of a 16 year old girl in Detroit. He had written to the police with suggestions on how to solve recent crimes and was brought in for questioning. During several interviews, the police fed details of the crime to Lloyd, and convinced him that by confessing he was helping them find the real killer. He eventually signed a confession and gave a tape-recorded statement despite his innocence. In 2002, DNA testing proved that Lloyd was innocent and he was exonerated.

	This is an example of confession contamination. From the jury's perspective, Lloyd had confessed with details that only the killer could have known. The jury was not given evidence of the police's interference. As a result of this case, Detroit Police officials agreed to begin videotaping interrogations.<ref>Innocence Project Website: [http://www.innocenceproject.org~~/understand/False-Confessions.php~~]</ref>		This is an example of confession contamination. From the jury's perspective, Lloyd had confessed with details that only the killer could have known. The jury was not given evidence of the police's interference. As a result of this case, Detroit Police officials agreed to begin videotaping interrogations.<ref>Innocence Project Website: [http://www.innocenceproject.org]</ref>

IBJadmin at 10:14, 26 September 2012

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	{{False Confessions / Admissions}}		{{Languages\|False Confessions / Admissions}}

IBJadmin at 10:14, 26 September 2012

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			{{False Confessions / Admissions}}


	== Background ==		== Background ==

Gilleen: /* Case Studies */

2011-03-24T18:21:37Z

Case Studies

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	This excerpt from Garrett's interrogation illustrates how ~~interrogator's~~ can railroad a suspect into believing they committed the crime.		This excerpt from Garrett's interrogation illustrates how interrogators can railroad a suspect into believing they committed the crime.


	== Defense Attorney Tips ==		== Defense Attorney Tips ==

Kgerber: /* Traits of Coercion, Force, and False Statements */

2011-02-02T11:06:35Z

Traits of Coercion, Force, and False Statements

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	Understanding what can lead to a false confession is the key to recognizing one in the future.<ref>Innocence Project Website: [http://www.innocenceproject.org/understand/False-Confessions.php]</ref>		Understanding what can lead to a false confession is the key to recognizing one in the future.<ref>Innocence Project Website: [http://www.innocenceproject.org/understand/False-Confessions.php]</ref>

	== Traits of ~~Coercion~~, ~~Force~~, and False ~~Statements~~ ==		== Traits of Coerced, Forced, and False Confessions ==

	Defense attorneys are responsible for investigating any confessions made by clients. Many people misunderstand coercion to include only physical torture. However, police investigators often employ psychologically coercive techniques that can also lead to false confessions. Attorneys unfamiliar with or inexperienced with false confessions may inappropriately counsel their clients to plead guilty based on the false confession to avoid harsh sentences at trial.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref> Common elements that increase the likelihood a confession is false include:		Defense attorneys are responsible for investigating any confessions made by clients. Many people misunderstand coercion to include only physical torture. However, police investigators often employ psychologically coercive techniques that can also lead to false confessions. Attorneys unfamiliar with or inexperienced with false confessions may inappropriately counsel their clients to plead guilty based on the false confession to avoid harsh sentences at trial.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref> Common elements that increase the likelihood a confession is false include:
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	\|Linguistic Clues		\|Linguistic Clues
	\|-		\|-
	\|~~Custodial~~		\|Mental Health Issues
	\|Deprivation of Food		\|Deprivation of Food
	\|Inaccurate Answers		\|Inaccurate Answers

Kgerber: /* Traits of Coercion, Force, and False Statements */

2011-02-02T11:03:41Z

Traits of Coercion, Force, and False Statements

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	== Traits of Coercion, Force, and False Statements ==		== Traits of Coercion, Force, and False Statements ==

	Defense attorneys are responsible for investigating any confessions made by clients. Many people misunderstand coercion to include only physical torture. However, police investigators often employ psychologically coercive techniques that can lead to false confessions. ~~In addition, attorneys lacking knowledge~~ or ~~experience~~ with false confessions may inappropriately counsel their clients to plead guilty to avoid harsh sentences at trial.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref> Common elements that increase the likelihood a confession is false include:		Defense attorneys are responsible for investigating any confessions made by clients. Many people misunderstand coercion to include only physical torture. However, police investigators often employ psychologically coercive techniques that can also lead to false confessions. Attorneys unfamiliar with or inexperienced with false confessions may inappropriately counsel their clients to plead guilty based on the false confession to avoid harsh sentences at trial.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref> Common elements that increase the likelihood a confession is false include:

	{\|border="1" cellpadding="10" cellspacing="0" align="center"		{\|border="1" cellpadding="10" cellspacing="0" align="center"
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	\|-		\|-
	\|Custodial		\|Custodial
	\|~~Deprived~~ of Food		\|Deprivation of Food
	\|Inaccurate Answers		\|Inaccurate Answers
	\|-		\|-
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	\|False Facts		\|False Facts
	\|Several Interrogators		\|Several Interrogators
	\|~~Contradictory~~		\|Contradictions
	\|-		\|-
	\|Youth		\|Youth
	\|Length of ~~Holding~~		\|Length of Detention
	\|~~Exaggerated~~		\|Exaggeration
	\|-		\|-
	\|Low Self-Esteem		\|Low Self-Esteem
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	All of the elements listed above can contribute to a client making a false confession. ~~To investigate,~~ obtain any evidence of the confession~~. Look for~~ police recordings of the interrogation and subsequent confession. ~~Interview~~ your client and the police officers. Ask the client what happened and look for any discrepancies between their story and the confession. Remember to never presume the client is guilty, even if they have "confessed" to the police.<ref>International Bridges to Justice: Vietnam Hanoi Criminal Defense Training Program Materials(2004).</ref>		All of the elements listed above can contribute to a client making a false confession. Defense attorneys should obtain any evidence surrounding the confession including police recordings of the interrogation and subsequent confession. In addition, it is important to interview your client and the interrogating police officers. Ask the client what happened and look for any discrepancies between their story and the confession. Remember to never presume the client is guilty, even if they have "confessed" to the police.<ref>International Bridges to Justice: Vietnam Hanoi Criminal Defense Training Program Materials(2004).</ref>

	== Types of False Confessions ==		== Types of False Confessions ==

Kgerber: /* Why do Suspects Confess? */

2011-02-02T10:55:48Z

Why do Suspects Confess?

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	Confessions are considered extremely persuasive evidence of guilt and are perhaps the most damaging evidence a prosecutor can present at trial.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Of crimes that are solved, the majority are solved as result of a confession obtained through police interrogation.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Despite widespread evidence that false confessions occur, juries have difficulty believing an innocent person would confess to a crime they did not commit.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>		Confessions are considered extremely persuasive evidence of guilt and are perhaps the most damaging evidence a prosecutor can present at trial.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Of crimes that are solved, the majority are solved as result of a confession obtained through police interrogation.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Despite widespread evidence that false confessions occur, juries have difficulty believing an innocent person would confess to a crime they did not commit.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>

	== Why do ~~Suspects~~ Confess? ==		== Why do Innocent People Confess? ==
	Most people, particularly members of the jury acting as the fact-finder, have difficulty comprehending that an innocent person may confess to a crime he did not commit. However, false confessions are not uncommon.		Most people, particularly members of the jury acting as the fact-finder, have difficulty comprehending that an innocent person may confess to a crime he did not commit. However, false confessions are not uncommon.
	Some common elements that can lead to a false confession are:		Some common elements that can lead to a false confession are:

Kgerber at 10:53, 2 February 2011

2011-02-02T10:53:59Z

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	Confessions are considered extremely persuasive evidence of guilt and are perhaps the most damaging evidence a prosecutor can present at trial.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Of crimes that are solved, the majority are solved as result of a confession obtained through police interrogation.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Despite widespread evidence that false confessions occur, juries have difficulty believing an innocent person would confess to a crime they did not commit.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>		Confessions are considered extremely persuasive evidence of guilt and are perhaps the most damaging evidence a prosecutor can present at trial.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Of crimes that are solved, the majority are solved as result of a confession obtained through police interrogation.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Despite widespread evidence that false confessions occur, juries have difficulty believing an innocent person would confess to a crime they did not commit.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>

	Many people misunderstand coercion to include only physical torture. However, police investigators often employ psychologically coercive techniques that can lead to false confessions. In addition, attorneys lacking knowledge or experience with false confessions may inappropriately counsel their clients to plead guilty to avoid harsh sentences at trial.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>

	== Why do Suspects Confess? ==		== Why do Suspects Confess? ==
	~~The mystery of a suspect confessing to a crime he didn't commit perplexes most people.~~ Most people, particularly members of the jury acting as the fact-finder, have difficulty comprehending that an innocent person may confess to a crime he did not commit. However, ~~it happens. People confess all the time~~.		Most people, particularly members of the jury acting as the fact-finder, have difficulty comprehending that an innocent person may confess to a crime he did not commit. However, false confessions are not uncommon.
	Some common elements that lead to a false confession are:		Some common elements that can lead to a false confession are:
	*Duress		*Duress
	*Coercion		*Coercion
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	== Traits of Coercion, Force, and False Statements ==		== Traits of Coercion, Force, and False Statements ==

	~~A defense attorney's responsibility includes~~ investigating any confessions by clients. ~~It is important~~ to ~~look for specific elements~~ of ~~coercion~~, ~~force~~ and false ~~statements. Elements~~ include:		Defense attorneys are responsible for investigating any confessions made by clients. Many people misunderstand coercion to include only physical torture. However, police investigators often employ psychologically coercive techniques that can lead to false confessions. In addition, attorneys lacking knowledge or experience with false confessions may inappropriately counsel their clients to plead guilty to avoid harsh sentences at trial.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref> Common elements that increase the likelihood a confession is false include:

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Kgerber at 13:30, 21 January 2011

2011-01-21T13:30:23Z

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	== Persuasiveness of Confessions ==		== Persuasiveness of Confessions ==

	Confessions are extremely persuasive at trial, for a number of reasons. Despite widespread evidence of their occurrence, juries have difficulty understanding the basic notion of a false confession. Police-induced confessions are counterintuitive to many people. Even when coercion is a factor, many people are unable to comprehend how an individual could possibly confess to a crime that he or she did not commit.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>

	~~In addition~~, ~~coercion is misunderstood by many people~~. ~~In general~~, only physical torture ~~is found to be coercive; this ignores the influence of psychological games and maneuvers by~~ police investigators that can lead to confessions. ~~Finally~~, ~~many~~ attorneys ~~lack the~~ knowledge or ~~ability to determine whether a confession is~~ false~~, which leads~~ to ~~innocent defendants pleading~~ guilty ~~at the behest of their lawyers~~ to avoid harsh sentences.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>		Confessions are considered extremely persuasive evidence of guilt and are perhaps the most damaging evidence a prosecutor can present at trial.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Of crimes that are solved, the majority are solved as result of a confession obtained through police interrogation.<ref>Richard P. Conti, The Psychology of False Confessions, The Journal of Credibility Assessment, Vol. 2., No. 1, p.14, pp.14-15 (1999) available at http://truth.boisestate.edu/jcaawp/9901/9901.pdf.</ref> Despite widespread evidence that false confessions occur, juries have difficulty believing an innocent person would confess to a crime they did not commit.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>

			Many people misunderstand coercion to include only physical torture. However, police investigators often employ psychologically coercive techniques that can lead to false confessions. In addition, attorneys lacking knowledge or experience with false confessions may inappropriately counsel their clients to plead guilty to avoid harsh sentences at trial.<ref>Saul M. Kassin, John Jay College of Criminal Justice, False Confessions: Causes, Consequences, and Implications for Reform, Current Directions in Psychological Science 17:4, 249 (2008) available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20%282008%29%20-%20APS%20CD.pdf.</ref>

	== Why do Suspects Confess? ==		== Why do Suspects Confess? ==

Agaiser at 12:28, 16 June 2010

2010-06-16T12:28:57Z

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	A defense attorney's responsibility includes investigating any confessions by clients. It is important to look for specific elements of coercion, force and false statements. Elements include:		A defense attorney's responsibility includes investigating any confessions by clients. It is important to look for specific elements of coercion, force and false statements. Elements include:

	{\|border="1" cellpadding="40" cellspacing="0" align="~~left~~"		{\|border="1" cellpadding="10" cellspacing="0" align="center"
	\|-		\|-
	!'''Coerced Confession'''		!'''Coerced Confession'''