Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on judges and juries. This article concludes with a strong recommendation for the mandatory electronic recording of interrogations and considers other possibilities for the reform of interrogation practices and the protection of vulnerable suspect populations.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1596284_code797450.pdf?abstractid=1483878&type=2

Police-Induced Confessions: Risk Factors and Recommendations

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Police-induced confessions: risk factors and recommendations.

I argue that distinct conditions of justice lead to diverse wellness outcomes through a series of psychosocial processes. Optimal conditions of justice, suboptimal conditions of justice, vulnerable conditions of injustice, and persisting conditions of injustice lead to thriving, coping, confronting, and suffering, respectively. The processes that mediate between optimal conditions of justice and thriving include the promotion of responsive conditions, the prevention of threats, individual pursuit, and avoidance of comparisons. The mechanisms that mediate between suboptimal conditions of justice and coping include resilience, adaptation, compensation, and downward comparisons. Critical experiences, critical consciousness, critical action, and righteous comparisons mediate between vulnerable conditions of injustice and confrontation with the system. Oppression, internalization, helplessness, and upward comparisons mediate between persisting conditions of injustice and suffering. These psychosocial processes operate within and across personal, interpersonal, organizational and community contexts. Different types of justice are hypothesized to influence well-being within each context. Intrapersonal injustice operates at the personal level, whereas distributive, procedural, relational, and developmental justice impact interpersonal well-being. At the organizational level, distributive, procedural, relational and informational justice influence well-being. Finally, at the community level, distributive, procedural, retributive, and cultural justice support community wellness. Data from a variety of sources support the suggested connections between justice and well-being.

Wellness as Fairness

This article explores the intricacies and mechanics of police interrogations in light of the Miranda decision. Legal scholars have yet to resolve the question of why suspects usually waive their rights and provide incriminating admissions and confessions. This article argues that the answer to this question lies in the nature of contemporary interrogation strategies. By developing sophisticated interrogation strategies based on manipulation, deception, and persuasion, the American police have replaced coercive pre-Miranda interrogation practices with manipulative and deceptive tactics that resemble the structure and sequence of a classic confidence game. The article concludes that Miranda's enduring legacy has been to transform police power inside the interrogation room without undermining its effectiveness.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1134050_code797450.pdf?abstractid=1134050&mirid=1&type=2

Miranda's Revenge: Police Interrogation as a Confidence Game

As illustrated by the story of Amanda Knox and many others wrongfully convicted, false confessions often trump factual innocence. Focusing on consequences, recent research suggests that confessions are powerfully persuasive as a matter of logic and common sense; that many false confessions contain richly detailed narratives and accurate crime facts that appear to betray guilty knowledge; and that confessions in general can corrupt other evidence from lay witnesses and forensic experts-producing an illusion of false support. This latter phenomenon, termed "corroboration inflation," suggests that pretrial corroboration requirements as well as the concept of "harmless error" on appeal are based on an erroneous presumption of independence among items of evidence. In addition to previously suggested reforms to police practices that are designed to curb the risk of false confessions, measures should be taken as well to minimize the rippling consequences of those confessions.

Why confessions trump innocence.

This article examines the legal histories and social contexts of testimony and interrogation involving minors, developmental research on suggestibility and judgment, interactions between development and legal/sociological contexts, and the reasoning behind how minors are treated in different legal contexts. The authors argue (a) that young witnesses, victims, and suspects alike possess youthful characteristics that influence their ability to validly inform legal processes, some of which were recently recognized by the Supreme Court as they apply to the juvenile death penalty, and (b) that consideration should be given to reforming current practices in the context of juvenile interrogation. ((c) 2006 APA, all rights reserved).

Testimony and interrogation of minors: assumptions about maturity and morality.

Recent media coverage has highlighted cases in which young suspects were wrongly convicted because they provided interrogation-induced false confessions. Although youth may be more highly suggestible and easily influenced by authority than adults, police are trained to use the same psychologically coercive and deceptive tactics with youth as with adults. This investigation is the first standard documentation of the reported interrogation practices of law enforcement and police beliefs about the reliability of these techniques and their knowledge of child development. Participants were 332 law enforcement officers who completed surveys about interrogation procedures and developmental issues pertaining to youth. Results indicated that, while police acknowledge some developmental differences between youth and adults, there were indications that (1) how police perceive youth in general and how they perceive and treat them in the interrogation context may be contradictory and (2) their general view is that youth can be dealt with in the same manner as adults.

Jessica R. Meyer

Papers

Testimony and interrogation of minors: assumptions about maturity and morality.

Police practices and perceptions regarding juvenile interrogation and interrogative suggestibility.

Criminalizing Childhood: The Shifting Boundaries of Responsibility in the Justice and School Systems.

Tales of Terror from Juvenile Justice and Education