Offenders' lies and truths: an evaluation of the Supreme Court of Sweden's criteria for credibility assessment

Abstract

The criteria used by Swedish courts for assessing credibility of plaintiffs' accounts were for the first time scientifically evaluated. Furthermore, unlike much previous deception detection research, we used offenders as participants instead of college students. False and truthful confessions by 30 offenders were analysed, and few significant effects were obtained. Truthful confessions were rated as having a higher degree of clarity than false confessions. Women's truthful confessions were rated as more credible than their false confessions. The offenders who were most experienced in being interviewed by the police gave a stronger impression of talking about something self-experienced in their false than in their truthful confessions; hence, it seems that offenders with more police interview experience have developed a kind of expertise in telling a convincing lie about crime. Overall, the criteria for credibility assessment used by Swedish courts had very limited usefulness in discriminating truthful and false confessions. A critique of the current status of evaluating statements in Swedish courts is provided.     

High-Risk Interrogation: Using the “Mr. Big Technique” to Elicit Confessions

Kassin et al. (Police-Induced Confessions: Risk Factors and Recommendation, 2009) provide a detailed and thoughtful analysis of how police interrogation practices might elicit false confessions from innocent suspects. The purpose of this commentary is to provide a brief review of a relatively recent development in Canadian police investigation practice and discuss how this procedure may increase the likelihood of police-induced false confessions. The so-called “Mr. Big Technique” is a non-custodial interrogation tactic wherein suspects are drawn into a supposed criminal organization (actually an elaborate police sting) and subsequently told that to move up in the organization, they must confess to a crime. In this article, we describe this remarkable interrogation technique and discuss issues relevant to the potential induction of false confessions.     

Bowden v. Caldor

Abstract

Using the facts of the Bowden v. Caldorlawsuit in which Bowden alleges the intentional infliction of emotional distress, defamation, false imprisonment, malicious prosecution, and wrongful discharge against his employer, this paper explores the mistreatment at the hands of private security officers and store personnel. This exploration is important because it discusses several issues such as: (1) the racially influenced misconduct of private security officers; (2) the damage awards often awarded to victims of private security misconduct; (3) the effect deceptive practices can have on false confessions, especially those of juveniles; and (4) the abuse of juveniles by private security officers. To curtail abusive practices, the authors recommend that store owners establish more stringent store policies pertaining to handling employees during theft investigations.     

The problem of interviewing drug addicts in custody: A study of interrogative suggestibility and compliance

Abstract

The interrogation of drug addicts in custody presents a problem. The reliability of confessions made either under the influence of drugs or during drug withdrawal may be adversely affected. This study explores the effect of drug use and drug withdrawal on interrogative suggestibility and compliance. These two psychological factors are relevant to erroneous testimony. The interrogative suggestibility and compliance of heroin addicts on an inpatient drug unit were measured on opiates, whilst withdrawing from opiates and drug free. The interrogative suggestibility and compliance of the group of subjects as a whole did not differ significantly in these three conditions. However the results did suggest that a subgroup of vulnerable individuals may have been more suggestible when under the influence of opiates. Further work is needed to clarify these results and to aid professionals assessing fitness for interview and cases of retracted confessions.     

Perceptions of coercion in interrogation: comparing expert and lay opinions

ABSTRACT

When confessions are entered into evidence in criminal courts, issues of coercion and voluntariness are important and often contested matters. Occasionally, defense attorneys proffer expert witnesses to testify about the coercive pressures of an interrogation and the risk of a false confession. Such testimony is often ruled inadmissible on the grounds that it does not inform the jury beyond its common knowledge. In our effort to test this judicial assumption about common knowledge, we surveyed jury-eligible laypeople (n?=?67) and social scientists specializing in interrogation and confessions (n?=?54) regarding their opinions about the coerciveness of prohibited interrogation tactics, maximization techniques, minimization techniques, and suspect risk factors and compared their ratings with a set of independent t tests. Laypeople gave lower ratings to the coerciveness of all sets of items representing interrogation techniques, and lower ratings to the vulnerabilities associated with suspect risk factors, as compared to social science experts. The disparities between laypeople’s and experts’ perceptions of coercion in interrogations demonstrate that such issues are not fully within the common knowledge of prospective jurors, and suggest the need to provide jurors with expert witness guidance when tasked with evaluating confession evidence.     

Inside Interrogation: The Lie,The Bluff,and False Confessions

Using a less deceptive variant of the false evidence ploy, interrogators often use the bluff tactic, whereby they pretend to have evidence to be tested without further claiming that it necessarily implicates the suspect. Three experiments were conducted to assess the impact of the bluff on confession rates. Using the Kassin and Kiechel (Psychol Sci 7:125–128, 1996) computer crash paradigm, Experiment 1 indicated that bluffing increases false confessions comparable to the effect produced by the presentation of false evidence. Experiment 2 replicated the bluff effect and provided self-reports indicating that innocent participants saw the bluff as a promise of future exoneration which, paradoxically, made it easier to confess. Using a variant of the Russano et al. (Psychol Sci 16:481–486, 2005) cheating paradigm, Experiment 3 replicated the bluff effect on innocent suspects once again, though a ceiling effect was obtained in the guilty condition. Results suggest that the phenomenology of innocence can lead innocents to confess even in response to relatively benign interrogation tactics.     

When Both Sides are Mistaken: Layperson and Legal Professionals’ Misconceptions of Canadian Suspects’ Legal Rights Upon Arrest

Canadian criminal suspects have notably limited access to legal counsel upon arrest compared to suspects in the U.S. Additionally, prior research has shown significant misunderstanding of police warnings informing suspects of their rights upon arrest. This paper presents three studies on Canadians’ comprehension of criminal suspects’ rights upon arrest, with a focus on the right to counsel. Study 1 (N=80) and Study 2 (N=377) examined Canadian layperson’s comprehension, knowledge, and perceptions of legal rights upon arrest. In turn, Study 3 (N=78) investigated Canadian legal professionals’ perceptions of laypersons’ knowledge of those rights. Results from these three studies indicated there is substantial confusion about the right to counsel for Canadian criminal suspects. These results also support previous research demonstrating problems with comprehension of Canadian police cautions. Taken together, the findings of the present research pose significant concern for an increased risk of false confessions from Canadian suspects who enter an interrogation with limited knowledge and understanding of their legal right to counsel.     

Modeling the Influence of Investigator Bias on the Elicitation of True and False Confessions

The aim of this study was to model various social and cognitive processes believed to be associated with true and false confessions by exploring the link between investigative biases and what occurs in the interrogation room. Using the Russano et al. (Psychol Sci 16:481-486, 2005) paradigm, this study explored how perceptions of guilt influenced the frequency and type of interrogation tactics used, suspect's perceptions of the interrogation process, the likelihood of confession, and investigator's resulting perceptions of culpability. Results suggested that investigator bias led to the increased use of minimization tactics and thereby increased the likelihood of false confessions by innocent participants. In contrast, the manipulation of investigator bias had no direct or indirect influence on guilty participants. These findings confirm the important role of investigator bias and improve our understanding of the decision-making process associated with true and false confessions.     

A field evaluation of the VIPER system: a new technique for eliciting eyewitness identification evidence

Abstract

The main aim of the study was to investigate the rate of claimed false confession during police questioning and identify variables that best discriminate between false confessors and non-false confessors. The participants were 24 627 high school students in seven countries in Europe. Out of 2726 who had been interrogated by the police as a suspect, 375 (13.8%) claimed to have made false confessions to the police. Logistic regression analyses showed that for both boys and girls, having attended substance abuse therapy, been attacked and bullied, and having committed a burglary, significantly discriminated between the false confessor and non-false confessor. In addition for boys, having been sexually abused by an adult outside the family was the single best predictor. The study shows the importance of history of victimization and substance misuse among adolescents in relation to giving a false confession to police during interrogation.     

Confessions and denials and the relationship with personality

Purpose. The main aim of the study was to examine the reasons and personality factors associated with confessions and denials. It was hypothesized that antisocial personality traits and active involvement in criminal behaviour would distinguish true confessors and true deniers from false confessors and false deniers. Method. The participants were 1,080 students in further education in Iceland. Each was asked about false admissions made to teachers and parents in the past, as well as about confessions or denials (true and false) made to the police during questioning, and the reasons for having responded in the way they did. The participants also completed questionnaires relating to offending, personality and self‐esteem. Results. One‐quarter (25%) of the participants stated that they had in the past been interrogated by the police in relation to a suspected offence, of whom 59% said they had confessed. A small minority of those interrogated (3.7%; 1% of the total sample) claimed to have made false confessions to the police, whereas 10% claimed to have made false confessions to teachers or parents. Males were significantly more likely to report false confessions than females. False confessions and false denials were significantly associated with antisocial personality traits, with Eysenck Personality Questionnaire Psychoticism being the single best predictor. Those participants who made true confessions and true denials were most normal in their personality. Conclusions. Personality is a significant predictor of who makes false confessions and false denials.     

Jail inmates’ perspectives on police interrogation

ABSTRACT

Few studies have examined police interrogation strategies from suspects’ perspectives, yet assessing suspects’ views about interviewer approaches could provide important insights regarding confession decision making. The current study is the first American survey to assess a diverse sample of adult jail inmates’ views on police interrogation tactics and approaches. The study explored US jail inmates’ (N?=?418) perspectives about how police should conduct interrogations. Potential dimensionality among 26 survey items pertaining to police tactics was examined using exploratory factor analysis. Group differences according to demographic and criminological variables were also explored. Four factors emerged, conceptualized as Dominance/Control, Humanity/Integrity, Sympathy/Perspective-Taking, and Rapport. Respondents most strongly endorsed Humanity/Integrity and Rapport strategies and were unsupportive of approaches involving Dominance/Control. Gender differences emerged for Dominance/Control and Humanity/Integrity, and Black respondents were more likely to value strategies related to Sympathy/Perspective-Taking. Suspects endorsed interrogation strategies characterized by respect, dignity, voice, and a commitment to the truth; they reported aversions to the false evidence ploy and approaches involving aggression. Overall, results from this incarcerated sample suggest that interviewees may be more responsive to rapport-building, non-adversarial strategies.     

Offenders’ uncoerced false confessions: A new application of statement analysis?

Purpose. Deception detection research has mainly studied denials and distortions given by students. This study examined true and false confessions as told by offenders. It was hypothesized that the statement analytic techniques Criteria‐Based Content Analysis (CBCA) and Reality Monitoring (RM) would discriminate truths and lies. Methods. Truthful and deceptive confessions to crime were given by 30 offenders (both women and men) in a within‐subject design. The participants were in prison at the time of data collection, and told the truth about a crime they had committed and been sentenced for. In addition, they made up a lie about a different crime after a few minutes of preparation. The transcribed statements were scored for CBCA and RM criteria. Results. Results showed that neither total CBCA nor total RM scores differentiated between lies and truths. Some individual CBCA criteria, however, showed differences: more self‐deprecations and doubts about own testimony in the told lies, and more unexpected complications in the truths. Conclusions. The results are discussed in relation to statement analysis of offenders’ accounts, individual CBCA criteria, as well as the development of criminal experience and familiarity with the event and setting. Implications for triers of fact and suggestions for future research are considered.     

An electrocortical correlate of a history of alcohol abuse in criminal offenders

Abstract

This study tested the hypothesis that a history of chronic alcohol abuse is the key variable underlying the previously reported association between criminal recidivism, impulsivity and differentiation of the Go/NoGo contingent negative variation (CNV). Forty male Singaporean prison inmates were assessed for presence of antisocial personality disorder (APD), a history of alcohol and other substance abuse, and psychopathy. CNV was recorded in the Go/NoGo paradigm in groups comprising inmates with (ALC+: N = 29) and without (ALC?: N = 11) a history of alcohol abuse. As predicted, the ALC+ group showed significantly degraded Go/NoGo CNVs (poor differentiation). This suggests that the “high risk” group of mentally disordered found to recidivate in studies by Howard and Lumsden (1996; 1997) may have shared a history of alcohol abuse. Results are discussed in the context of a developmental biopsychosocial model of risk for engaging in criminal behaviour.     

Snitching,Lies and Computer Crashes: An Experimental Investigation of Secondary Confessions

Two laboratory studies with 332 student participants investigated secondary confessions (provided by an informant instead of the suspect). Participants allegedly caused or witnessed a simulated computer crash, then were asked to give primary or secondary confessions during interrogation. Study 1 replicated the false evidence effect for primary confessions. Secondary confessions were obtained at a high rate, which was increased by false evidence in combination with incentive to confess. In Study 2 a confederate either confessed to or denied crashing the computer. Incentive increased the rate of secondary confession only in the presence of a denial; that is, incentive increased the number of false secondary confessions only. Implications for the use of incentives during informant interrogation are discussed.     

The Culprit in Target-Absent Lineups: Understanding Young Children’s False Positive Responding

Young children (4- to 7-years old; N = 59) and adults (N = 53) were shown a series of targets that were either familiar (i.e., popular cartoon characters) or unfamiliar (unknown human faces) to assess whether children’s false positive responding with target-absent lineups is driven by social factors to a greater degree than cognitive factors. Although children were able to produce correct identification rates with virtually 100% accuracy for the cartoon characters, they produced a significantly lower correct rejection rate compared to adults. Children also produced a significantly lower correct rejection rate for the human faces compared to adults. These data are discussed for understanding children’s identification evidence.     

Increasing pressure does not benefit lie detection: a reply to Ten Brinke et al. (2015)

When passively attending to suspects, observers are poor at distinguishing lies from truths. Deception research has therefore shifted to examining interview styles aimed at eliciting and enhancing deception cues. Based upon a literature review and three empirical studies, ten Brinke, L., Khambatta, P., and Carney, D. R. [2015. Physically scarce (vs. enriched) environments decrease the ability to successfully tell lies. Journal of Experimental Psychology: General, 144, 982–992. doi:10.1037/xge0000103] recommend increasing pressure on interviewees as it would increase lie detection accuracy. In this comment, we argue that these authors (1) misinterpret the literature when concluding that lie detection benefits from increasing pressure on interviewees, and (2) their data do not show that lie detection is more accurate when pressure is increased. In absence of such data, we recommend that increasing pressure on interviewees should be avoided: it hampers the elicitation of valuable information and can lead to false confessions.     

On the Power of Confession Evidence: An Experimental Test of the Fundamental Difference Hypothesis

In Arizona v. Fulminante (1991), a U.S. Supreme Court majority stated that confessions are similar to, not fundamentally different from, other types of evidence. To evaluate this claim, three mock juror studies compared the impact of confessions to other common forms of evidence. In Experiment 1, participants read summaries of four criminal trials (murder, rape, assault, theft), each of which contained a confession, an eyewitness identification, character testimony, or none of the above. Significantly, the confessions produced the highest conviction rates. In Experiments 2 and 3, participants read a murder or assault trial containing all three types of evidence and made a series of midtrial judgments. Results indicated that the confession was seen as the most incriminating, followed by the eyewitness and character testimony. Although the comparisons we made are limited in certain respects, our findings suggest that confessions are uniquely potent.     

Another look at across-crime similarity coefficients for use in behavioural linkage analysis: an attempt to replicate Woodhams,Grant, and Price (2007)

Abstract

In the absence of physical evidence, investigators must often rely on offence behaviours when determining whether several crimes are linked to a common offender. A variety of factors can potentially influence the degree to which accurate linking is possible, including the similarity coefficient used to assess across-crime similarity. The current study examines the performance of two similarity coefficients that have recently been compared to one another, Jaccard's coefficient (J) and the taxonomic similarity index (Δ_s), using samples of two crime types, serial homicide (N=237) and serial burglary (N=210). In contrast to previous research, the results indicate that Δ_s does not significantly outperform J with respect to linking accuracy. In addition, both coefficients lead to higher levels of linking accuracy in cases of serial homicide compared to serial burglary. Potential explanations for these findings are presented and their implications are discussed.     

The color of confinement: examining youth exoneration decisions and the critical race theory

Abstract

The critical race theory has been predictive of how minority youth are treated in the juvenile and criminal justice systems in the United States. However, the theory has not been applied in explaining the existence of wrongful convictions among juveniles. Using secondary data derived from the National Exoneration Registry, the purpose of this study is to identify specific factors (e.g., DNA evidence, etc.) related to the wrongful convictions of Black youth who have been exonerated. Compared to other racial categories, the results reveal that Black youth are more likely to experience wrongful convictions as a result of false confessions, faulty eyewitness identification, perjury, and official misconduct. Limitations, policy implications, and areas of further investigation are offered.     

Assessment of child witness statements using criteria-based content analysis (CBCA): The effects of age,verbal ability,and interviewer's emotional style

Abstract

The goal of the study was to determine what effects age, verbal ability (assessed with WISC-R Vocabulary), and interviewer's emotional style would have on the occurrence of Criteria-Based Content Analysis (CBCA) criteria. Children (N = 68) from three different age-groups (7–8, 10–11, and 13–14 years) made both a true and a false statement concerning a mildly traumatic event. The correct classification rate was 66%. Age and verbal ability were found to increase the occurrence of some of the CBCA criteria irrespective of the truthfulness of the statements. Also, different criteria differentiated between true and false statements in different age groups. Interviewer behaviour also affected the occurrence of the criteria. It is concluded that the CBCA should not be used in court proceedings in its present form.