Camera perspective bias in videotaped confessions: evidence that visual attention is a mediator

Several experiments have demonstrated a camera perspective bias in evaluations of videotaped confessions: videotapes with the camera focused on the suspect lead to judgments of greater voluntariness than alternative presentation formats. The present research investigated potential mediators of this bias. Using eye tracking to measure visual attention, Experiment 1 replicated the bias and revealed that changes in camera perspective are accompanied by corresponding changes in duration of fixation on the suspect and interrogator. A path analysis indicated that visual attention partially mediated the bias, with at least one additional factor independently contributing to it. A proposed second factor was changes in available visual content that naturally coincide with alterations in camera perspective. Experiment 2 directly manipulated observers' focus and thus more conclusively established visual attention as one mediator of the camera perspective bias. Together the two experiments provide plausible evidence that differences in visual content may also mediate the bias.     

How confession characteristics impact juror perceptions of evidence in criminal trials

A confession is one of the most impactful pieces of evidence that can be presented in a criminal trial, yet very little is known about how perceptions of evidence change based on characteristics of the confession. While researchers know that “circumstances of the setting”, such as length of interrogation, number of interrogators, and lack of sleep, increase the likelihood of false confessions, less is known about whether juror perceptions of the confession are impacted by these factors. The current research builds on the existing literature by evaluating the impact of these situational confession factors to determine whether jurors give weight to characteristics that are known to increase the likelihood of a false confession. Two experimental surveys were conducted, one using a sample of undergraduate students and one using a sample of jury‐eligible adults, in order to determine how respondents perceived a confession's strength. Results showed that confessions arising from lengthy interrogations were perceived to be weaker than those arising from short interrogations. However, multiple interrogators and a lack of sleep had little impact on evidence perceptions; these factors indicate a questionable confession to experts, but not to jurors. The implications for criminal justice theory, criminal trials, and future research are discussed.     

Videotaped interrogations and confessions: a simple change in camera perspective alters verdicts in simulated trials

Prior research has indicated that altering the perspective from which a videotaped confession is recorded influences assessments of the confession's voluntariness. The authors examined whether this camera perspective bias persists in more ecologically valid contexts. In Study 1, neither a realistic videotaped trial simulation nor potentially corrective judicial instruction was sufficient to mitigate the prejudicial effect of camera perspective on mock jurors' assessments of voluntariness or on their all-important final verdicts. Study 2 suggests that perhaps the best camera perspective to use is one that focuses trial fact finders' attention on the interrogator, as this particular vantage point may facilitate decision makers' capacity to detect coercive influences, which in turn could, in some cases, improve assessments of the confession's reliability.     

Camera perspective bias in videotaped confessions: experimental evidence of its perceptual basis

The camera perspective from which a criminal confession is videotaped influences later assessments of its voluntariness and the suspect's guilt. Previous research has suggested that this camera perspective bias is rooted in perceptual rather than conceptual processes, but these data are strictly correlational. In 3 experiments, the authors directly manipulated perceptual processing to provide stronger evidence of its mediational role. Prior to viewing a videotape of a simulated confession, participants were shown a photograph of the confessor's apparent victim. Participants in a perceptual interference condition were instructed to visualize the image of the victim in their minds while viewing the videotape; participants in a conceptual interference condition were instructed instead to rehearse an 8-digit number. Because mental imagery and actual perception draw on the same available resources, the authors anticipated that the former, but not the latter, interference task would disrupt the camera perspective bias, if indeed it were perceptually mediated. Results supported this conclusion.     

Further evidence of a robust point-of-view bias in videotaped confessions

Four experiments were conducted to test possible limits on the previously demonstrated point-of-view bias in videotaped confessions. Study 1 showed that deliberation did not eliminate the bias. Study 2 showed that forewarning did not eliminate the bias. Study 3 showed that directing greater attention to the content of the confession did not eliminate the bias. Study 4 showed that using a lengthier, case-based confession also did not eliminate the bias. Taken together, this research clearly indicates that the legal system needs to be concerned with the potential for bias that exists in videotaped confessions. This research was supported by funds from the Ohio Board of Regents and the National Science Foundation (BNS-8911067 and SBR-9514966). We thank Kevin Apple, Kim Dudley, Kelly Kinnison, Melanie LaForce, Matthew Leafgren, Richelle Newvahner, Laurie Olsen, John Ray, Alicia Santuzzi, Jason Secondi, and Katie Strieker for their contributions to various aspects of the research. With the exception of Lassiter, order of authorship is alphabetical.     

Further evidence of a robust point-of-view bias in videotaped confessions

Four experiments were conducted to test possible limits on the previously demonstrated point-of-view bias in videotaped confessions. Study 1 showed that deliberation did not eliminate the bias. Study 2 showed that forewarning did not eliminate the bias. Study 3 showed that directing greater attention to the content of the confession did not eliminate the bias. Study 4 showed that using a lengthier, case-based confession also did not eliminate the bias. Taken together, this research clearly indicates that the legal system needs to be concerned with the potential for bias that exists in videotaped confessions. This research was supported by funds from the Ohio Board of Regents and the National Science Foundation (BNS-8911067 and SBR-9514966). We thank Kevin Apple, Kim Dudley, Kelly Kinnison, Melanie LaForce, Matthew Leafgren, Richelle Newvahner, Laurie Olsen, John Ray, Alicia Santuzzi, Jason Secondi, and Katie Strieker for their contributions to various aspects of the research. With the exception of Lassiter, order of authorship is alphabetical.     

False Confessions: Causes, Consequences, and Implications for Reform

ABSTRACT— Despite the commonsense belief that people do not confess to crimes they did not commit, 20 to 25% of all DNA exonerations involve innocent prisoners who confessed. After distinguishing between voluntary, compliant, and internalized false confessions, this article suggests that a sequence of three processes is responsible for false confessions and their adverse consequences. First, police sometimes target innocent people for interrogation because of erroneous judgments of truth and deception. Second, innocent people sometimes confess as a function of certain interrogation tactics, dispositional suspect vulnerabilities, and the phenomenology of innocence. Third, jurors fail to discount even those confessions they see as coerced. At present, researchers are seeking ways to improve the accuracy of confession evidence and its evaluation in the courtroom.     

虚假供述影响因素及法律控制

本文以虚假供述的研究方法为起点,结合案例,对自愿型、强迫—服从型和强迫—内化型三种类型的虚假供述进行介绍,从个人因素与情境因素两个方面,对虚假供述的影响因素加以分析。其中,着重阐述了虚假供述的实验室研究范式。在评析影响因素的基础上对我国刑事诉讼的修改提出立法建议,以期在法律上控制影响因素的作用。     

Coerced Confessions,Judicial Instruction,and Mock Juror Verdicts1

The present research assessed whether judicial instruction can curb jurors' inappropriate use of coerced-confession evidence. In Experiment 1, subjects read an auto theft trial in which the defendant had confessed on his own initiative (no constraint), after an offer of leniency (positive constraint), or after a threat of punishment (negative constraint). Subjects then received an instruction that simply directed them to ignore a coerced confession (short form), another that additionally defined both positive and negative inducement as coercive and hence unreliable (long form), or no instruction at all. As previously reported (Kassin & Wrightsman, 1980), subjects fully discounted the negatively constrained confession but not the positively induced one which, although judged involuntary, produced a high percentage of guilty verdicts. Neither form of instruction significantly reduced this latter tendency. In Experiment 2, subjects read an assault case involving a voluntary or positively coerced confession and one of four types of instruction. The positive coercion bias was replicated. An instruction that stressed both the unreliability and unfairness of an induced confession decreased voluntariness judgments but failed to lower the conviction rate. The theoretical basis for and practical implications of this phenomenon are discussed, and future research directions are proposed.     

A conceptual framework for identifying various types of confessions

Considerable attention has been given to the psychology of confession evidence in recent years. While various factors have been used to define the types of confessions possible, most classification frameworks have focused on the various types of false confessions. An expanded framework is outlined using a decision-tree model in which confessions are defined according to a number of dimensions, including whether or not a confession is retracted, veracity or truthfulness, legal culpability of the suspect, voluntariness, and specific nature of the coercion that might produce a confession. A proposal is made for a new subtype of false confession, the coerced–reactive type, to supplement current theoretical approaches. The paper concludes with a brief discussion of the implications of this conceptual model for providing consultation and expert testimony in cases involving disputed confessions. © 1998 John Wiley & Sons, Ltd.     

Coerced or nonvoluntary confessions

Police may engage in deceptive and coercive interrogations to obtain confessions. When a confession is later retracted, judges and juries must assess the totality of the circumstances surrounding the confession, including the interrogation techniques used and the effects of these tactics on the particular defendant. A suspect who is vulnerable and confused or who is given false evidence by a coercive interrogator may produce a false confession. Expert testimony may be necessary to help jurors understand the circumstances that lead to nonvoluntary confessions. © 1998 John Wiley & Sons, Ltd.     

Videotaped Confessions: The Impact of Camera Point of View on Judgments of Coercion1

Twenty-four college students viewed one of three videotapes of a mock police interrogation that ended in a confession. In one videotape the camera was focused primarily on the “suspect”; in a second the camera was focused primarily on the “detective”; and in the third the camera was focused on the suspect and detective equally. Subjects in the suspect-focus condition subsequently judged that the confession was elicited by means of a small degree of coercion; subjects in the equal-focus condition judged that it was elicited by means of a moderate degree of coercion; and subjects in the detective-focus condition judged that it was elicited by means of a large degree of coercion. It is argued that the effect of camera point of view on judgments of coercion is mediated by causal attributions. Consistent with this interpretation, camera point of view also had a significant effect on subjects' attributions for the suspect's behavior, with subjects in the suspect-focus condition making the most dispositional attributions and subjects in the detective-focus condition making the least dispositional attributions. Alternative explanations are considered and limitations of the present research are discussed. It is concluded that to the extent that interrogations are videotaped with the camera focused on the suspect, judges and/ or jurors may be biased to perceive a confession as voluntary.     

On the Presumption of Evidentiary Independence: Can Confessions Corrupt Eyewitness Identifications?

ABSTRACT— A confession is potent evidence, persuasive to judges and juries. Is it possible that a confession can also affect other evidence? The present study tested the hypothesis that a confession will alter eyewitnesses' identification decisions. Two days after witnessing a staged theft and making an identification decision from a lineup that did not include the thief, participants were told that certain lineup members had confessed or denied guilt during a subsequent interrogation. Among those participants who had made a selection but were told that another lineup member confessed, 61% changed their identifications. Among those participants who had not made an identification, 50% went on to select the confessor when his identity was known. These findings challenge the presumption in law that different forms of evidence are independent and suggest an important overlooked mechanism by which innocent confessors are wrongfully convicted: Potentially exculpatory evidence is corrupted by a confession itself.     

The variable influence of confession inconsistencies: How factual errors (but not contradictions) reduce belief in suspect guilt

Wrongful conviction statistics suggest that jurors pay little heed to the quality of confession evidence when making verdict decisions. However, recent research indicates that confession inconsistencies may sometimes reduce perception of suspect guilt. Drawing on theoretical frameworks of attribution theory, correspondence bias, and the story model of juror decision‐making, we investigated how judgments about likely guilt are affected by different types of inconsistencies: self‐contradictions (Experiment 1) and factual errors (Experiment 2). Crucially, judgments of likely guilt of the suspect were reduced by factual errors in confession evidence, but not by contradictions. Mediation analyses suggest that this effect of factual errors on judgments of guilt is underpinned by the extent to which mock‐jurors generated a plausible, alternative explanation for why the suspect confessed. These results indicate that not all confession inconsistencies are treated equally; factual errors might cause suspicion about the veracity of the confession, but contradictions do not.     

Falsche Geständnisse

Although false confessions would seem to run counter to their own interests, innocent suspects do occasionally admit to having committed even serious crimes. This article describes individual differences in susceptibility to interrogative influence and mechanisms through which interrogation tactics can induce false confessions. It will also show that there is no simple way of distinguishing false from true confessions, which is partly due to the lack of verbatim records of interviews with suspects. In some cases false confessions can even negatively impact on the gathering and evaluation of further evidence and in turn this seemingly independent evidence seems to validate the false confession if this is later retracted. Psychological expertise may well help to clarify individual cases; however, any uncritical transfer of the credibility assessment developed to evaluate witness testimony, without taking the specific conditions of interviews with suspects into account, may well lead to false results.     

The psychology of confessions: A comparison of expert and lay opinions

Despite a body of confessions research that is generally accepted in the scientific community, courts often exclude experts on the ground that such testimony would not assist the jury, which can use its common sense. To examine whether laypeople know the contents of expert testimony on confessions, we asked 151 lay participants to indicate their beliefs about 30 confession‐related statements used in a recent survey of 87 confession experts (Kassin et al., American Psychologist, 2018, 73, 63–80). Participants agreed with experts on only 10 of the 30 propositions, suggesting that much of the psychology of confessions is not common knowledge and that expert testimony can assist the trier of fact.     

The prevalence of false confessions in experimental laboratory simulations: A meta‐analysis

We assessed experimental false confession studies using a meta‐analysis to evaluate the prevalence of false confessions across methodologies and several moderator variables. False confessions were more likely in typing task studies than in collaborative or individual cheating studies. In typing studies, speed of typing did not affect false confession rates, but placement of the forbidden key in locations that rendered errors less plausible lowered the false confession rates. False‐evidence ploys increased the likelihood of false confessions. We explore implications for courts, expert witnesses, scholars, and police interrogators.     

Post-homicidal behaviors of intrafamilial crime authors in France: An archival study

IntroductionConfessions in criminal cases range between 42 and 57%, all crimes considered. However, there is no data specifically on confessions regarding intrafamilial homicides, despite the fact that this subtype of homicide accounts for 30–40% of all homicides.ObjectiveThe purpose of the present research aims to establish the links between the sociodemographic characteristics of the perpetrators of intrafamilial murder, and their behavior and interaction with the criminal justice system after that they committed the crime (e.g., self-denunciation and confession).MethodAll cases of domestic homicide over a period of eleven years and judged in a single court of assize were analyzed (N = 44). Data regarding the type of homicide (conjugal, parricide, filicide, familicide), the sociodemographic profile of the perpetrator (sex, age, family situation, occupation, educational level) and their behaviour pre-, during- and post- the homicide were collected and analyzed.ResultsThe common intrafamilial murderer is a 36 years old man belonging to a disadvantaged socio-professional group, mostly without judicial antecedent. Moreover, confession rate is above 98% (including 41% spontaneous denunciations by the perpetrators themselves).Discussion and conclusionThis research supports earlier work on the profiles of family crime perpetrators. However, perpetrators of intrafamilial homicides confess more often than perpetrators of all other types of homicide. The results are discussed in terms of cognitive and emotional mechanisms. Suggestions for the use of such insights by investigative services are proposed.     

The relationship between false confessions and perceptions of parental rearing practices

The main aim of the study was to investigate the relationship between a history of having made a false confession and reported parental rearing practices. It was hypothesized that the reporting of rejection and absence of warmth by parents would be associated with the making of a false confession. The participants were 804 college students in Iceland. Each was asked about false confessions made to teachers and parents in the past, as well as about false confessions made to the police during questioning. The participants completed questionnaires relating to perceived parental rearing practices (EMBU), proneness to antisocial behavior (the Gough Socialization Scale), personality (EPQ), self-esteem (Rosenberg), and compliance (GCS). Only eight participants (1% of those interrogated) claimed to have made false confessions to the police, whereas 10% claimed to have made false confessions to teachers or parents. False confessions were significantly associated with proneness to antisocial behavior and the EMBU Rejection and Warmth scales for both fathers and mothers.