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.     

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。     

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.     

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.     

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.     

A survey of people's attitudes and beliefs about false confessions

The attitudes and beliefs of jury eligible individuals regarding false confessions were investigated in order to uncover potential biases. Survey respondents provided perceptions of factors related to false confessions (e.g. their frequency and likely situational and dispositional risk variables). Results indicate that people possess an awareness that false confessions can occur and believe that a confession should not be taken as an absolute indicator of guilt. However, their understanding of predisposing and situational factors that contribute to false confessions was incomplete, as was their understanding of interrogation practices. Furthermore, respondents showed a marked bias against believing that they personally would ever falsely confess, which is discussed in the context of potential inconsistencies between people's self-report and their actual behaviors in naturalistic situations.     

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.     

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.     

An editorial overview

Now is an excellent time to be doing research at the intersection of psychology and law. In the last few years, both the legal system and the legal academic community have taken more and more interest in the empirical findings of cognitive and social psychologists. Much of this interest has been provoked by the large number of convicted people who have been exonerated by DNA evidence. Examination of their cases reveals that most are associated with one (or more) of the following problems: bad eyewitness testimony, a false confession, or flawed forensic evidence. These issues are ones that psychologists have been investigating for years. For those of you new to this area, we recommend Elizabeth Loftus’s foundational work on so many areas of memory, Gary Wells’s work on eyewitness identification, Saul Kassin’s work on false confessions, and Reid Hastie’s work on jury decision making. All have written for both psychological and legal audiences.     

An investigation into the relationship between the reported experience of negative life events,trait stress-sensitivity and false confessions among further education students in Iceland

This study investigates the interplay between the reported experiences of negative life events, reported levels of nerves, fear and tension experienced over the past 30 days, and reported false confessions. Data were obtained from 11,388 students in further education in Iceland, out of which 5439 participants were male and 5837 were female. Single level, random intercept, structural equation models were fitted showing that latent stress-sensitivity, indicated by levels of nerves, tension, fear, and the number of negative life events experienced exerted a significant direct effect on the likelihood of false confessions. Stress-sensitive interviewees (those reporting high levels of nerves, fear, tension and negative events) may be more susceptible to environmental influences, due to heightened physiological responsiveness towards and a negative perception of situations and social encounters, with false confessions being a direct consequence of this. A suggestion from the findings is that the type of false confession (the reason for it) may possibly dependent upon which contextual trigger has influenced the interviewee the most – those within the police interview itself and/or pressures from the wider environment within which they reside.     

An exploratory examination of intellectual disability and mental illness associated with alleged false confessions

The National Registry of Exonerations tracks cases of individuals who have been wrongly convicted and exonerated since 1989. Their most recent report revealed that 12% of those exonerated gave false confessions. The current study used data from the National Registry of Exonerations and focused on a sample of 2,378 individuals convicted of felonies with a focus on sexual offenses, as such crimes tend to be viewed as particularly heinous with increased consequences for those convicted. After examining various legal and extralegal factors, the results showed that those accused of sexual offenses, particularly sexual murders, had a greater likelihood of giving a false confession than those accused of non-sexual offenses. The likelihood of falsely confessing was higher among juveniles, those with mental illness and intellectual disabilities, and cases with multiple suspects. Females had a greater odds of falsely confessing to murder than males. Implications and recommendations are discussed.     

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.     

Let's get serious: communicating commitment in romantic relationships

Are men or women more likely to confess love first in romantic relationships? And how do men and women feel when their partners say "I love you"? An evolutionary-economics perspective contends that women and men incur different potential costs and gain different potential benefits from confessing love. Across 6 studies testing current and former romantic relationships, we found that although people think that women are the first to confess love and feel happier when they receive such confessions, it is actually men who confess love first and feel happier when receiving confessions. Consistent with predictions from our model, additional studies have shown that men's and women's reactions to love confessions differ in important ways depending on whether the couple has engaged in sexual activity. These studies have demonstrated that saying and hearing "I love you" has different meanings depending on who is doing the confessing and when the confession is being made. Beyond romantic relationships, an evolutionary-economics perspective suggests that displays of commitment in other types of relationships--and reactions to these displays--will be influenced by specific, functional biases.     

“Midnight Confessions”: The Effect of Chronotype Asynchrony on Admissions of Wrongdoing

Confession evidence is highly incriminating in court. We examined the interaction between chronotype and time of day on the confession decisions of 60 participants using an experimental paradigm. Pre-identified morning- and evening-type people were randomly assigned to participate in morning or evening sessions. Results supported an interactional asynchrony hypothesis that individuals are more likely to confess during “off-peak” periods (i.e., evening-types in the morning and morning-types in the evening). This interaction was obtained for both high- and low-seriousness transgressions. These results suggest that chronotype asynchrony constitutes a significant risk factor for false confessions and the wrongful convictions that often follow.     

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.     

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 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.     

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.     

Gender differences in the interplay between exposure to trauma and parental disturbances within the home,stress-sensitivity and reported false confessions in adolescents

The principal aim of this study is to investigate the interplay between the reported experience of physical/psychological trauma and disturbances involving parents within the home, latent stress-sensitivity, and the likelihood of reporting false confessions in females. This study also investigates gender differences by fitting the hypothesised partial mediation model to the male data. A multiple group structural equation model was fitted to data obtained from both female (N = 5426) and male (N = 5394) further education students in Iceland. The direct effect from reported physical/psychological trauma to reported false confessions emerged as the only significant effect in females. In males, the direct effect of latent stress-sensitivity on false confessions is significant, but also the indirect effect from both reported experience of physical/psychological trauma and disturbances involving parents through latent stress-sensitivity to false confessions is significant. This study has solidified the notion that a history of physical violence in particular at home may be a critical susceptibility factor amongst females. In males, self-report stress-sensitivity may be the critical susceptibility factor, both explaining the effect of physical/psychological trauma in the home on false confessions, and increasing sensitivity to exogenous interview pressure.     

Confession evidence,psychological vulnerability and expert testimony

There have been major changes in English Law with regard to confession evidence, which followed the implementation of the Police and Criminal Evidence Act (PACE) in January 1986. This paper reviews the main legal changes that are relevant to the admissibility and reliability of confessions and their psychological importance within the context of both research and expert testimony.