Strategic disclosure of evidence : perspectives from psychology and law
TLDR
The authors brings together the opposing research and arguments from the two disciplines of psychology and law, and suggests a new way forward for future research and policy on how the police should disclose evidence.Abstract:
The police frequently present their evidence to suspects in investigative interviews. Accordingly, psychologists have developed strategic ways in which the police may present evidence to catch suspects lying or to elicit more information from suspects. While research in psychology continues to illustrate the effectiveness of strategic evidence disclosure tactics in lie detection, lawyers and legal research challenge these very tactics as undermining fair trial defense rights. Legal research is alive to the problems associated with strategically disclosing evidence to a suspect, such as preventing lawyers from advising the suspect effectively, increasing custodial pressure for the suspect, and worsening working relations between lawyers and police. This paper brings together the opposing research and arguments from the two disciplines of psychology and law, and suggests a new way forward for future research and policy on how the police should disclose evidence.read more
Citations
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Dissertation
Innocence and guilt detection in high-stakes television appeals
TL;DR: This paper explored the cognitive and affective mechanisms underlying the cues used to make innocence-guilt decisions in the high-stakes situation of television appeals in which people appeal publicly for the return of a loved one.
Journal ArticleDOI
Truth-tellers stand the test of time and contradict evidence less than liars, even months after a crime.
TL;DR: It is suggested that liars’ tendency to distance themselves from a crime might outweigh any memory decay that truth-tellers experience in the 2 months following a crime, and the extent of a suspect’s contradictions with the evidence could still be diagnostic of deception even after an extended time delay.
Book ChapterDOI
Is confession really necessary? The use of effective interviewing techniques to maximize disclosure from suspects
Dave Walsh,Paulo Barbosa Marques +1 more
TL;DR: In this article, the authors provide an overview of research in the area of investigative interviewing, and suggest future directions of research for improving the quality of the interviews of the suspect's evidence.
Journal Article
Extending Miranda: Prohibition on Police Lies Regarding the Incriminating Evidence
Journal ArticleDOI
Have you considered the opposite? A debiasing strategy for judgment in criminal investigation:
TL;DR: The authors draw on cognitive psychology to identify fundamental challenges in human decision-making that pose a serious threat to fair evidence evaluation, verdicts in court proceedings, and the administration of justice.
References
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Posted Content
Police-Induced Confessions: Risk Factors and Recommendations
Saul M. Kassin,Steven A. Drizin,Thomas Grisso,Gisli H. Gudjonsson,Richard A. Leo,Allison D. Redlich +5 more
TL;DR: 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.
Journal ArticleDOI
Police-induced confessions: risk factors and recommendations.
Saul M. Kassin,Steven A. Drizin,Thomas Grisso,Gisli H. Gudjonsson,Richard A. Leo,Allison D. Redlich +5 more
TL;DR: A review of police-induced confessions can be found in this paper, where the authors identify suspect characteristics (e.g., adolescence, intellectual disability, mental illness, and certain personality traits) and interrogation tactics (i.e., excessive interrogation time, presentations of false evidence, and minimization) that influence confessions as well as their effects on judges and juries.
Posted Content
Police Interviewing and Interrogation: A Self-Report Survey of Police Practices and Beliefs
Richard A. Leo,Saul M. Kassin,Christian A. Meissner,Christian A. Meissner,Kimberly D. Richman,Lori H. Colwell,Amy Leach,Dana La Fon +7 more
TL;DR: Self-reported usage of various interrogation tactics, the most common were to physically isolate suspects, identify contradictions in suspects’ accounts, establish rapport, confront suspects with evidence of their guilt, and appeal to self-interests.
Journal ArticleDOI
Police interviewing and interrogation: a self-report survey of police practices and beliefs.
Saul M. Kassin,Saul M. Kassin,Richard A. Leo,Christian A. Meissner,Kimberly D. Richman,Lori H. Colwell,Amy-May Leach,Dana La Fon +7 more
TL;DR: In this article, 631 police investigators reported on their interrogation beliefs and practices, and the most common use of various interrogation tactics were to physically isolate suspects, identify contradictions in suspects' accounts, establish rapport, confront suspects with evidence of their guilt, and appeal to self-interests.
Journal ArticleDOI
Strategic use of evidence during police interviews: when training to detect deception works.
TL;DR: Police trainees either were or were not trained in strategically using the evidence when interviewing lying or truth telling mock suspects, and the trainees’ strategies as well as liars’ and truth tellers’ counter-strategies were analyzed.