Confessions that corrupt: evidence from the DNA exoneration case files |
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Authors: | Kassin Saul M Bogart Daniel Kerner Jacqueline |
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Affiliation: | Department of Psychology, John Jay College of Criminal Justice of the City University of New York, New York, NY 10019, USA. skassin@jjay.cuny.edu |
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Abstract: | Basic psychology research suggests the possibility that confessions-a potent form of incrimination-may taint other evidence, thereby creating an appearance of corroboration. To determine if this laboratory-based phenomenon is supported in the high-stakes world of actual cases, we conducted an archival analysis of DNA exoneration cases from the Innocence Project case files. Results were consistent with the corruption hypothesis: Multiple evidence errors were significantly more likely to exist in false-confession cases than in eyewitness cases; in order of frequency, false confessions were accompanied by invalid or improper forensic science, eyewitness identifications, and snitches and informants; and in cases containing multiple errors, confessions were most likely to have been obtained first. We believe that these findings underestimate the problem and have important implications for the law concerning pretrial corroboration requirements and the principle of "harmless error" on appeal. |
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