The Role of Psychological Factors in False Confessions

...

The Role of the Interrogators in False Confessions

There has been research for decades on interrogation tactics in criminal investigations.26 Today, interrogation tactics they are designed to be more psychologically manipulative.27 Common interrogation strategies involve; undermining the suspect’s confidence in a denial of

guilt, appealing to the importance of cooperation, offering moral justifications or psychological excuses, using praise and flattery, appealing to the expertise or authority of the interrogator, appealing to the suspect’s conscience and minimizing the moral seriousness of the offence.28 Many scholars agree that the interrogation methods used by interrogators play a key role in explaining why suspects give false confessions.29 However, others argue that interrogation methods do not play a significant role.30

[pic 3]

18 Supra note 7.

19 Bruce MacFarlane, “Convicting the Innocent: A Triple Failure of the Justice System” (2005) 31:3 Manitoba Law Journal 405 at 472.

20 Ibid.

21 Ibid.

22 Supra note 5 at 1.

23 Supra note 19 at 472.

24 Ibid at 474.

25 Ibid.

26 Jessica R. Klaver, Zina Lee & Gordon Rose, “Effects of personality, interrogation techniques and plausibility in an experimental false confession paradigm” (2008) 13 Legal and Criminological Psychology 71 at 73.

27 Ibid.

28 Ibid.

29 Ibid.

30 Ibid.

---------------------------------------------------------------

Since 2011, the RCMP has used the Structured Interview Model, which is lightly based on the Reid Model.31 While there should always be a presumption of innocence, it is often the case that once interrogators have decided to target a particular individual, subsequent interviews and interrogations are guided by a presumption of guilt.32 This makes the decision to interrogate critical. In Canada, there is no legal requirement to audio or video record suspect interrogations.33 However, the RCMP’s current policy around video and audio taping interrogations is to record all contact with the suspect, other than when speaking with counsel.34

In 2004 the RCMP abandoned the Behavioral Analysis Interview which is the first step of the Reid Model.35 They found this step was based on the faulty presumption that interrogators are always able to determine if a suspect is lying or not based on their behavior.36 Therefore, the RCMP begins the interrogation process with an accusatorial interrogation where the interrogator’s goal is to get a confession.37 Interrogation manuals and case law in Canada support the use of some deceitful tactics as necessary tools for criminal interrogations.38 Interrogators might tell the suspect that their investigation has revealed the suspects role in the crime and then use maximization and minimization techniques to elicit a confession.39 Some critics argue that because the Structured Interview Model uses a one size fits all approach it doesn’t take into account a suspect’s psychological makeup and is more likely to produce false confessions.40 Therefore, “I did it” is not a sufficient confession.41 The confessor is required to provide details of the crime so interrogators can thoroughly examine every confession, looking for internal consistency and cross-referencing it with externally known facts.42 If the confession contains inconsistencies, this should indicate a potential false confession.43

In response to the serious criticisms of the current interrogation tactics, primarily its production of false confessions, the RCMP has moved away from the Structured Interview

[pic 4]

31 Darren Carr, Interview with Carr, RCMP Sergeant E Div Major Crime Section, Interview Team, (Vancouver, November 11, 2015 at 12:00pm).

32 Douglas Quan, “Less Kojak and more Dr. Phil’: How the law is forcing police interrogations to get kinder and gentler” Article,

National Post (29 July 2015) online: forcing-police-investigations-to-get-kinder-and-gentler>.

33 Supra note 31.

34 Ibid.

35 Supra note 32.

36 Ibid.

37 Ibid.

38 Supra note 26 at 73.

39 Supra note 31.

40 Ibid.

41 Ibid.

42 Ibid.

43 Ibid.

---------------------------------------------------------------

Model.44

Why Are Interrogator Tactics Critical in False Confessions?

Reviewing the five classifications of false confessions listed above, it is indisputable that interrogation methods play a key role in explaining why false confessions occur. With the exception of the voluntary confession, interrogation tactics play a role in every other type of false confession.45

Studies have examined the role of interrogation methods in the production of false confessions. In 2007, undergraduate students at a Canadian university were placed in experimental manipulations involving minimization and maximization interrogation techniques to examine the role of interrogation tactics in eliciting false confessions.46 The maximization approach included, tactics designed to induce feelings of intimidation and exaggerate the seriousness of the alleged transgression.47 The minimization approach gave participants a false sense of security using sympathy, flattery, and normalizing the act.48 The results revealed that compared to maximization techniques, participants were over four times more likely to sign a false confession if minimization techniques were used to induce the confession.49 This study

demonstrates that individuals respond differently to minimization