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Why People Confess to Crimes They Didn't Commit - Essay Example

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The paper "Why People Confess to Crimes They Didn't Commit" states that since false confessions are not easily detectable, investigating teams need to detect false confessions from the truth. Investigating team members need to comply with laws and policies concerning confessions…
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Why People Confess to Crimes They Didnt Commit
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Why People Confess To Crimes They Did Not Commit Introduction False confession refers to a person admitting tothat crime they have not committed. Various aspects can make individuals make incriminating statements or even plead guilty. In some instances, suspect’s confessions are not a result of actual guilt but external influence (Leo, 2009). There are different reasons as to why innocent individuals would prefer to make confessions of guilt. Stress plays a great role in such confessions that we would expect (Leo, 2009). Interrogations increase one’s stress levels. Although researchers have found out that innocent persons have fewer levels of stress than guilty ones, they at times give up due to the manipulative nature of police interrogations. Suspects during such interrogations need to be on their guard since a simple mistake may lead to one confessing falsely. Other factors that promote false confession includes; intoxication, mental impairment of suspects, fear of violence, threat of harsh sentences and ignorance of law during interrogations (Leo, 2009). However, false confession implies to the mental condition of the confessor. In respect to this trait, confessions from juveniles are unreliable in a court of law. There is the problem of interrogating individuals with mental disabilities. These individual’s state of mind may make them accommodative (Redlich, Alicia and Hoover, 2010). Interrogating teams, therefore, need to have necessary skills in interrogating people with mental problems or under the influence of alcohol and drugs. It is important to note that beliefs of suspects and length of interrogation have an influence on confessions. During police interrogations, individuals fall on the coercive and manipulative tactics of the police (Redlich et al 2010). Reasons for False Confessions During police interrogations, there are various reasons that would make suspect confess falsely. There are three broad reasons as to false confessions. These reasons imply to voluntary confession, compliant and internalized confessions. Voluntary confessions imply to when suspects provide police with information without prompting. This type of false confectioning is at time a sacrificial gesture (Redlich et al 2010). Individuals might want to divert the attention investigations to save a suspect. This confession normally occurs between individuals with close relations. For example, a spouse may confess to save the other from prison. In respect to the compliant reasons for confessions, individuals may provide false information in order to avoid stressful procedures (Redlich et al 2010). For example if a suspect is arrested at night, kept for several hours. Then the next day questioned for 16 hours. The exhaustive nature of this process is enough to guarantee false confession. In interrogations, various techniques like Reid Technique try to understand the feeling of moral appeasement in individuals after confessing (Moore, and Lindsay, 2011). It is essential to note that some individuals would agree to confess falsely in order to avoid tougher punishments. The other reason for confessing relates to persons believing to have committed a crime after interrogations. Investigators interrogating suspects may challenge every detail the suspect says, not accepting any idea. This might have a psychological toll on the person leading to confession. Interrogation influence on false Confession Confessions from suspects are an important aspect in the justice and criminal system. True these confessions convictions take place. It is only after confessing that individuals that individuals are prosecuted. It is evident that confessions assist solve cases in an efficient manner as provided for by data from the British criminal and justice system (Kassin et al., 2012). However, there are some instances where suspect’s coercion yield information in the UK. This implies that almost 25% of case suspects provide false confessions. In such cases, decision makers, in courts, sometimes make a decision with their knowledge of such coercion (Kassin, Bogart and Kerner, 2012). Nine- Step Reid Technique Reid method of interrogation is useful in extracting information from suspects. The method involves questioning suspects with a need to extract accurate confessions of guilt. However, there has been a growing discontent of the method. This discontent relates to the process of obtaining information from unwilling individuals. The method has led to the rise of false confessions in the criminal and justice system. The method observes the principles of the interviewing party not making promises to the suspect. The team should also not deny suspects their rights; never threaten them and the chance to physical needs (Moore, and Lindsay, 2011). Interview Phase In this method, an interview is the first way of contact with subjects. This relates to the application of the non-accusatory interview. The reason for such questions at the interview is to try to investigate guilt (Moore, and Lindsay, 2011). The interviewing team needs to have training of interrogations, as well as interviewing suspects. Specialists can observe non-verbal and verbal cues during interrogations through training. These members have skills on investigating suspect patterns through their posture, grooming, eyes and the mouth (Redlich, 2010). The advantage of the technique is that it gives room to understanding patients in a non- demeaning manner. Interrogation At the interrogation phase of the technique, investigating teams use accusatory strategies. This step involves persuading suspects to confess. Individuals should be aware of the fact that there should be provision for reasonable suspicion. Interrogation always comes after the interview phase. This process is important since subjects will already have rapport with the team, however, in some instances; individuals refuse to comply with interrogating teams. In such cases, the method institutes the use of methods that breakdown resistance, which at times fosters psychological torture (Redlich, and Meissner, 2009). The process involves the use of nine steps in accomplishing interview and interrogation task. The nine steps of Reid Technique used the following sequence. The first step to the process is direct confrontation. During this step, the suspect gets to understand the reasons as to why they are suspects. At the first instance suspects might wish to voluntary confess and end the investigation. The next step is where interrogating team tries to shift blame from the suspect (Kassin et al., 2012). Investigators can even suggest a certain circumstance that might have lead to their crimes. This process involves the creation of themes for the suspect to relate to their crime. Such themes may be changed or restructured in order to create one favourable to the suspect. The third step tries to encourage the suspect to accept guilt. However, an individual conducting the process need to differentiate lies from truths. If the suspect remains adamant throughout then interrogation, termination is the best strategy. Probably the accused will start giving out reasons as to not have committed the crime. Therefore, one should try to use these reasons in obtaining confessions. In order to gain confessions, one should always ensure that they institute a process of sincerity. Sincerity on the part of the interrogation team promotes good relations with suspects. The suspect will cooperate by being attentive and quieter which yield positive results. At this step, one would provide alternatives to the charges. Interrogators should also be attentive in ascertaining if suspects will cry. Crying at this stage should automatically infer guilt (Kieffer, and Sloan, 2009). According to the model, the interrogator is required to infer choices to the suspect. Either the suspect can reject to have committed the crime. The next step in this interrogation model involves making suspects repeat their acceptance of guilt in the presence of witnesses. The use of witnesses is important in the creation of collaborative information on guilt (Kieffer, and Sloan, 2009). History in the UK In the history of UK, there have been various cases of false confessions. There is a case involving Stephen Downing. In this case, the suspect spent 27 years in prison because of his signed confession. In his confession, the suspect provided false information, which got him in prison after, an 8-hour interrogation. It was during the interrogation that the suspect proved not to have understood what he had signed (Walsh and Ray 2013). Another case in Britain involves the “Birmingham 6”. This case involved six suspects of Birmingham bombings. These six individuals from Northern Ireland signed confessions that later proved to be a product of police torture and intimidation (Redlich, and Meissner, 2009). Reports showed that, police used mock executions and dogs during their interrogation after 17 years. It was only after these developments that the suspects got appeals and their release followed a compensation of 1.2 million Euros. With all of these consequences, the government established the royal commission on criminal justice (Redlich, and Meissner, 2009). British Approach Britain’s methods of approach to false confessions are the use of research techniques and information gathering. The country through its justice and crime unit conducts various studies and records data that assist in solving problems. Since interrogations in the country use interviews, research is critical. These interviews are similar to those conducted in hospitals. The structures and themes of such interview are to obtain confessions from suspects. Such a practice assists in rapport building with suspect, where there is provision of flexible strategies, compassion and empathy (Kieffer, and Sloan, 2009). British systems consist of a need to search for truths. The justice system in this country allows its officers to be flexible in conducting interviews and interrogations (Redlich, and Meissner, 2009). Police officers conducting such interrogations need to ensure fairness. The country has been able to uphold the criminal justice system fairness using various Acts and commissions. The country additionally has been able to formulate the police and Criminal Evidence Act of 1984. The Act prescribes the use of tape recordings during interrogations (Redlich, 2010). Interviewing teams need to consider the needs of mentally challenged individuals. False Confessions in Britain Statistics on false confessions are as follows; approximately 49-61% of suspects admit to having made false confessions. In the justice system of Britain, few individuals get jail sentences for denying of guilt during interrogations. From police data, it is evident that a majority of suspects confessed at the beginning of the interviews. The fraction of these suspects represents 58% of suspects who underwent various interrogations (Walsh and Ray 2013). Of these entire cases, police interrogating teams performed their duty through the use evidence. In the end of most of such interrogations, police caution individuals on false confessing. For those suspects who admit false confessing prosecution is the only option available. It has come to the realization of scholars and administration that interviewing suspects is a stressful endeavour. The process has negative consequences on the suspects as well as those interviewing. This stressful situation of interviews has made interviews end prematurely and resulted in false statements (Meissner, et al. 2010). Privacy on these cases has been in some instances breached. It is a common phenomenon for sharing of suspect’s information to the wider public. According to Kassin et. al (2005), majority of male prison recalled being videoed when making confessions. According to his research it became evident that video was the main mode of recording. These video becomes evidence in courts for prosecutions. How to stop false confessions There has been a growing awareness on false confessions in the United Kingdom. This growing trend relates to coerced false confessions as well as personal influences. Therefore, effective strategies would reduce or eliminate such acts. To stop false confessions, police officers need to training on how to conduct effective interviews. Another strategy involves suspect who are either minors, mentally handicapped or drug users. The strategy also relates to individuals with psychological challenges. Various experiments in the UK have led to a drop in false confessions. Police officers understand the rising cases of false confessions. In order to prevent false confessions on these individuals under duress, suspects need to the accompanied with parents or guardians (Scott-Hayward, 2007). To limit false confessions, police interrogators need to comply with the use of video tapes in their interrogation. Videotaping ensures fairness during the process. Summary False confession is a problem that affects the judicial and criminal system of Britain. Such confessions have influence on the prosecution of suspects. Suspects may voluntarily confess falsely or at time police interferences has an influence on their confessions. It has become necessary for investigators to have progressive training on interrogation and interviewing. There have been various cases where reports indicate police brutality and interference during interrogation and investigation sessions (Kassin et al., 2012). Training, therefore, assists police officers in discerning false confessions. These investigators may not automatically understand the implication of every confession. Nevertheless, through experience, investigators have been able to detect false confessions. From experience, it is not easy for investigators to clarify true confession from false ones. The process is almost through chance. Through constant contacts with suspects, a trained investigator uses the following characteristics in understanding the position of individual suspect. Police officers must be ready to consider situations of high suggestiveness as one of their characteristic trait (Redlich, and Meissner, 2009). It is, therefore, important that the investigating officer has experience on investigating false confessions. Investigations that have a high degree of coercion from police promote false confessions. In order to ensure, that the investigation has sufficient information for prosecution (Walsh and Ray, 2013). The investigation team has the responsibility of investigating if suspects have been a repeated offender. The team of investigators, on the other hand, has to be able not to interview individuals with drug related issues over the last 24hours. In order for the teams to overcome false confessions, the following aspects have to be in place. The investigating teams’ team need to plan their investigations. Planning starts with developing goals and reasons for the interview. The investigating team has the function of informing suspects of their rights and their cases. Suspects get a chance to answer to questions in a systematic manner. Like for military courts where suspect’s questions structures are according to technicality, questions to suspects need to have a systematic quality. When applying various interviewing procedures, police teams need to ensure that they remain compliant. The methods need to follow international criminal justice policies. Critiques to False Confessions Critics of false confessions argue that interviewing and interrogations do not yield threshold to prosecution of crimes. Their sentiments relates to the possibility of suspects making voluntary confessions. Since false confessions are not easily detectable, investigating teams need to detect false confessions from truth. Investigating team members need to comply with laws and policies concerning confessions (Meissner, et al. 2010). Critics of such activities by investigators argue that most interrogations do not result in prosecutions. Accusation directed on Police officers relate to them using manipulative tactics to gain information (Leo, 2009). Success rating of information gathering in confession relates with the possibility of fair prosecution. . Bibliography Kassin, S, M., Bogart.,D and Kerner, J 2012 "Confessions That Corrupt Evidence From the DNA Exoneration Case Files." Psychological science, Vol.23, No. 1 pp. 41-45. Kieffer, M., and Sloan, J 2009, "Overcoming moral hurdles: Using techniques of neutralization by white-collar suspects as an interrogation tool." Security Journal, Vol.22, No.4 , pp.317-330. Leo, R., A.2009, "False confessions: causes, consequences, and implications." Journal of the American Academy of Psychiatry and the Law Online, Vol.37, No.3, pp.332-343. Meissner, C A., et al. 2010 "Criminal versus HUMINT interrogations: The importance of psychological science to improving interrogative practice." Journal of Psychiatry & Law, Vol. 38, No.2, pp. 215 Meissner, C., A., et al. 2010. "Interview and interrogation methods and their effects on true and false." British Journal of Criminology, Vol. 33, No.1 pp. 325-352. Moore, E., and Lindsay, F. 2011. "Justice Imperiled: False confessions and the Reid technique." Crim Law Quart . Vol, 57, No. 4. pp. 509-542 Redlich, D., Alicia S, and Hoover,S. 2010. "Self-reported false confessions and false guilty pleas among offenders with mental illness." Law and human behaviour, Vol.34, No. 1, pp. 79-90. Redlich, A., D 2010, "False confessions, false guilty pleas: Similarities and differences." Interrogations and confessions: Current research, practice, and policy, APA Books, Washington, DC Redlich, D., and Meissner, A. 2009, "Techniques and controversies in the interrogation of suspects: The artful practice versus the scientific study." Psychological science in the courtroom: Controversies and consensus pp. 124-148. Walsh, D, and Ray B 2013. "The Investigation and Investigative Interviewing of Benefit Fraud Suspects in the UK: Historical and Contemporary Perspectives." Applied Issues in Investigative Interviewing, Eyewitness Memory, and Credibility Assessment. Springer New York, pp. 33-58. Scott-Hayward, C. 2007. "Explaining juvenile false confessions: Adolescent development and police interrogation." Law & Psychology Review 31 pp. 53. Read More
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