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.     

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.     

Investigating true and false confessions within a novel experimental paradigm

The primary goal of the current study was to develop a novel experimental paradigm with which to study the influence of psychologically based interrogation techniques on the likelihood of true and false confessions. The paradigm involves guilty and innocent participants being accused of intentionally breaking an experimental rule, or "cheating." In the first demonstration of this paradigm, we explored the influence of two common police interrogation tactics: minimization and an explicit offer of leniency, or a "deal." Results indicated that guilty persons were more likely to confess than innocent persons, and that the use of minimization and the offer of a deal increased the rate of both true and false confessions. Police investigators are encouraged to avoid interrogation techniques that imply or directly promise leniency, as they appear to reduce the diagnostic value of any confession that is elicited.     

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。     

Interrogating the ethics of operational psychology

Commissioned amidst allegations of collusion between American Psychological Association officials and Central Intelligence Agency and Department of Defense officials involved in the enhanced interrogation programme, the July 2015 Hoffman Report documented a decade of collusion between American Psychological Association and Department of Defense officials in unethical national security interrogations. However, interrogation support is but one of numerous areas where psychologists are directly aiding military and intelligence operations, an area known as operational psychology. The ethical issues posed by the larger field of operational psychology have received little public discussion apart from apologia by operational psychologists themselves. To stimulate public review of operational psychology, leaders of the movement to remove psychologists from national security interrogations convened, in September 2015, a group of experts to work towards a consensus set of principles to guide future discussion. Participants included psychologists, physicians, and social scientists; military and intelligence professionals; and attorneys, ethicists, and human rights advocates. The discussion also drew upon years of dialogue between participants and military health and intelligence professionals. The workshop produced “The Brookline Principles on the Ethical Practice of Operational Psychology,” with implications for the profession of psychology and for civil society.     

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.     

The Text Matters: Eye Movements Reflect the Cognitive Processing of Interrogation Rights

Suspects' decisions to waive or invoke interrogation rights have considerable impact on whether subsequent interrogations ensue, self‐incriminating information is offered, and in the case of innocent suspects, wrongful convictions occur. Although interrogation warnings differ in their text characteristics, empirically examining the influence of these text differences on suspects' ability to process and comprehend their rights has largely been neglected, which is especially problematic for vulnerable populations. Using a novel approach, we monitored the eye movements of 60 juveniles as they silently read different versions of Miranda warnings in order to investigate the relationship among text characteristics, processing difficulty, and comprehension problems. Results indicated that text characteristics were associated with processing difficulties and these processing difficulties were strongly correlated with comprehension of the warnings. Along with advancing basic and applied research programs, this approach can inform policy decisions and benefit vulnerable populations whose comprehension of interrogation rights is encumbered by legalese.Copyright © 2015 John Wiley & Sons, Ltd.     

The changing face of police interrogation

This paper discusses some of the apparent changes in interrogations following the Police and Criminal Evidence Act 1984 and the introduction of tape recorders into police stations. These reforms are believed to have had several marked effects on interrogations. For example, the use of persuasive questioning is believed to have declined, as has the number of suspects making admissions. The evidence for these hypotheses is discussed. It is suggested that the apparent fall in confessions can be explained by methodological differences between studies and that the confession rate has in fact remained almost constant. Although there does appear to have been a change in the types of persuasive questioning employed during interrogations, it is difficult to establish whether or not the use of such questioning has declined. There is some evidence that persuasive questioning is now being carried out away from recording equipment.     

Lay perceptions of interrogation techniques: Identifying the role of Belief in a Just World and Right Wing Authoritarianism

False confessions due to overtly coercive interrogation techniques have led to the development of more ethically‐minded alternative techniques. Several studies have surveyed the public about their perceptions of confession‐oriented techniques (e.g., Leo & Liu, 2009 ), although none have examined the use of information gathering and strategic interviewing techniques or individual differences in such perceptions. Thus, the current study assessed public perceptions of a wide variety of techniques by recruiting a total of 332 participants. Results indicated that our participants would rather risk releasing a guilty person than convicting an innocent. Overall, confession‐oriented techniques were rated the least acceptable and effective across participants. However, perceptions of these techniques varied as a function of Belief in a Just World (BJW; Lipkus, 1991 ) and Right Wing Authoritarianism (RWA; Zakrisson, 2005 ). Specifically, those higher in these two individual differences found confession‐oriented techniques to be both more acceptable and effective than those scoring lower on these measures. The results speak to the importance of individual differences and the potential for such differences to bias juror decision‐making when interrogation evidence is at stake.     

Eliciting intelligence from sources informed about counter‐interrogation strategies: An experimental study on the Scharff technique

The Scharff technique aims to elicit information by affecting the source's perception of the interviewer's existing knowledge. Although the technique has been found to be effective for gathering new information, countermeasures to the technique have not been examined. In a 2 × 2 between‐subjects experiment, we informed half of the 120 sources about the counter‐interrogation strategy of carefully considering the interviewer's prior knowledge and the tactic of providing information perceived as already known to the interviewer. After this, sources were interviewed with the Scharff technique or the Direct approach, widely used in human intelligence‐gathering situations and consisting of open‐ended and direct questions. We found that “informed sources” did not succeed in revealing information already known to the interviewer, where informed sources and uninformed sources revealed known information to a similar degree (1.62 pieces vs. 1.65 pieces). Sources interviewed with the Direct approach (vs. Scharff technique) revealed a larger amount of information previously known to the interviewer (2.18 pieces vs. 1.08 pieces). When interviewed with the Scharff technique, sources informed about the counter‐interrogation strategy attempted to adopt more counter‐interrogation strategies. The present study replicates earlier research on the Scharff technique as a technique effective in affecting the source's perception of the interviewer's prior knowledge. The results of the current study indicate that both the Scharff technique and the Direct approach might be similarly robust against counter‐interrogation strategies, in terms of gathering new information. Future studies should focus on implementing more comprehensive training in counter‐interrogation strategies for the sources.     

Historicizing the Role of Psychologists in the U.S. Military: Introduction to Issue on Coercive Interrogations and the Mental Health Profession

This special issue addresses the disturbing events that emerged in the aftermath of 9/11 in the United States with regard to the role of mental health professionals in coercive interrogations of detainees held in detention centers and military “black sites.” While other professional associations condemned such practices, the American Psychological Association maintained a position of collaboration, despite activist members' protests.

These events will be examined in an effort to reconstitute our history as a profession through the actions of what Freud called “nachtraeglichkeit’, (deferred action) in which the unassimilated experiences of the past relationship between psychology and the military will be used to transform our perceptions and future directions. This introduction also summarizes the papers in this issue. These include a history of the interrogation practices and the controversy within the APA; a history of the long-standing relationship between the profession of psychology and government, military, and intelligence organizations; analyses of the psychology of torture and evidence of how this psychology is manifested in the consulting room; a comparison of psychological structures within the population and mental health professions in the United States today and Argentina during recent totalitarian regimes; and an interview with Robert Lifton, eminent psychohistorian, psychiatrist and political activist.     

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 “Good” Psychologist, “Good” Torture,and “Good” Reputation—Response to O’Donohue,Snipes, Dalto,Soto, Maragakis,and Im (2014) “The Ethics of Enhanced Interrogations and Torture”

O’Donohue et al. (2014) sought to derive, from classical ethical theories, the ethical obligation of psychologists to assist “enhanced interrogations and torture” (EIT) in national defense scenarios under strict EIT criteria. They asked the American Psychological Association to adopt an ethics code obligating psychologists to assist such EIT and to uphold the reputation of EIT psychologists. We contest the authors’ ethical analyses as supports for psychologists’ forays into torture interrogation when (if ever) the EIT criteria obtain. We also contend that the authors’ application of these ethical analyses violates the Geneva Conventions, contravenes military doctrine and operations, and undermines psychology as a profession. We conclude that “good” public reputation is not owed to, or expected by, “good” intelligence professionals, and collaborating operational psychologists must share their providence.     

Healers or Interrogators: Psychology and the United States Torture Regime

United States abuses at Guantánamo and other detention centers, including the CIA's “Black Sites,“ have a long history. In the Cold War period, the CIA pursued an extensive research program on “coercive interrogations,“ which became codified in torture manuals used to train Latin American military leaders who utilized torture against their populations. Also during the Cold War, the U.S. military developed the Survival, Evasion, Resistance, Escape (SERE) program to train U.S. military personnel in resisting torture. When the U.S. government turned to torture after 9/11, they turned to SERE psychologists to develop their interrogations strategies. This occurred, first at the CIA secret Black Sites, and then at Guantánamo and elsewhere. Psychologists helped develop, implement, and standardize U.S. torture techniques. The American Psychological Association (APA), rather than oppose this use of psychologists, provided cover for U.S. interrogation abuses. They formed a task force on Psychological Ethics and National Security—stacked with a majority of members from the military-intelligence establishment, several with possible involvement in abusive interrogations. This task force supported psychologist participation in detainee interrogations. Various APA antitorture statements since then have not changed APA's pro-participation stance. As a result, a movement of psychologists arose to oppose these APA policies.     

"Enhanced" interrogation of detainees: do psychologists and psychiatrists participate?

After revelations of participation by psychiatrists and psychologists in interrogation of prisoners at Guantánamo Bay and Central Intelligence Agency secret detention centers, the American Psychiatric Association and the American Psychological Association adopted Position Statements absolutely prohibiting their members from participating in torture under any and all circumstances, and, to a limited degree, forbidding involvement in interrogations. Some interrogations utilize very aggressive techniques determined to be torture by many nations and organizations throughout the world. This paper explains why psychiatrists and psychologists involved in coercive interrogations violate the Geneva Conventions and the laws of the United States. Whether done with ignorance of professional ethical obligations or not, these psychiatrists and psychologists have crossed an ethical barrier that may best be averted from re-occurring by teaching medical students and residents in all medical specialties about the ethics principles stemming from the 1946–1947 Nuremberg trials and the Geneva Conventions, together with the Ethics Codes of the World Medical Association and the American Medical Association; and, with regard to psychiatric residents and psychological trainees, by the teaching about The Principles of Medical Ethics With Annotations Especially Applicable to Psychiatry and the Ethical Principles of Psychologists and Code of Conduct, respectively. In this way, all physicians and psychologists will clearly understand that they have an absolute moral obligation to "First, do no harm" to the human beings they professionally encounter.