suspect to confess
196594169
CONFESS OR DIE WHY THREATENING A SUSPECT WITH THE DEATH PENALTY SHOULD RENDER CONFESSIONS INVOLUNTARY
Williams v. Brown, 208 F. Supp. 3d 713, 717 (E.D. Va. 2016) Jeffrey Toobin, The Wrong Guys, NEW YORKER (Aug. 24, 2009) https:/www.newyorker.com/magazine/2009/08/24/the wrong guys. These men became known as the "Norfolk Four." A Norfolk detective, with a history of eliciting false confessions, interrogated the four sailors. Each confessed to the crime, "alter[ing] their confessions to accommodate details fed to them by the police." Nearly twenty years later, a federal judge vacated two of the convictions.
Lauren Morehouse
219250935
A study on the power of stories to persuade suspects to confess
The effectiveness of an interview tactic, known as the story, at eliciting confessions from suspects of wrongdoing was examined. Participants (N 60) were asked to complete a series of problems, some alone and some with the help of a confederate. The confederate prompted half of the participants to cheat by asking for the answer to an individual problem, and did not do so for the other half; this allowed for the manipulation of participants' guilt/ innocence. All participants were then accused of cheating. For half of the participants, the experimenter used a story (adapted from the Royal Canadian Mounted Police's Phased Interview Model) to persuade the suspect to confess, while the other half were not exposed to the story. The results showed that guilty participants were more likely to confess than innocent participants, but participants who received the story were not more likely to confess than those who were not exposed to the story. Participants exposed to the story were more likely to believe that the consequences would be less severe if they confessed, compared to those who were not exposed to the story. The implications of these findings with relevance to the Confessions Rule and the admissibility of confession evidence in court are discussed.
Weyam Fahmy
224818445
Leniency to those who confess? Predicting the Legal Judgement via Multi Modal Analysis
The Legal Judgement Prediction (LJP) is now under the spotlight. And it usually consists of multiple sub tasks, such as penalty prediction (fine and imprisonment) and the prediction of articles of law. For penalty prediction, they are often closely related to the trial process, especially the attitude analysis of criminal suspects, which will influence the judgment of the presiding judge to some extent. In this paper, we firstly construct a multi modal dataset with 517 cases of intentional assault, which contains trial information as well as the attitude of the suspect. Then, we explore the relationship between suspect`s attitude and term of imprisonment. Finally, we use the proposed multi modal model to predict the suspect's attitude, and compare it with several strong baselines. Our experimental results show that the attitude of the criminal suspect is closely related to the penalty prediction, which provides a new perspective for LJP.
ICMI
Liang Yang Jingjie Zeng Tao Peng Xi Luo Jinghui Zhang Hongfei Lin
160034937
Why and how suspect resistance manifests itself within interrogation setting
Suspect's confession is an important component of successful police investigations and researchers have contributed to the expansion of knowledge on the subject. Nevertheless, even if investigators have the best techniques, the suspect's resistance to confess is a central element to consider. Resistance will be discussed based on the results of two studies conducted on this topic. In the first research, we identified five different profiles of motivations to denial during police interrogation according to a survey of 111 individuals who have been convicted despite the fact that they had not confessed their crime and incarcerated in a Canadian penitentiary. The result of the second study is based on 19 suspects who confessed their crime after a polygraph examination. The effectiveness of investigators' techniques for overcoming suspects' resistance was compared to the types of resistance that suspects used to counter the investigators' techniques. Findings are discussed in light of the literature on crime confession and resistance.
Andreanne Bergeron Michel St-Yves Nadine Deslauriers-Varin
149354261
An Empirical Study of Factors Influencing the Suspect's Decision to Confess to the Police
Tsan-Chang Lin Chih-hung Shih G Lin Ju-Hui Chen
38075725
The Ebola suspect's dilemma.
In 1950, Merrill Flood and Melvin Dresher of the RAND Corporation developed a theoretical model of cooperation and confl ict, which was later formalised by Albert W Tucker as the prisoner's dilemma. This model represents a situation in which two prisoners each have the option to confess or not, but their sentencing outcomes depend crucially on the simultaneous choice of the other (fi gure) Fittingly, it has become the paradigmatic example of individual versus group rationality and is an often used heuristic when conveying introductory social theory to students. Although not a homologous predicament, the Ebola virus disease suspect also faces a consequential dilemma (fi gure) The 'rational' that is, not informed by superstition or baseless rumour aversion to West Africa's ill equipped and poorly sanitised hospitals was described even before the 2014 16 Ebola outbreak. This characterisation could a fortiori be extended to those Ebola virus disease suspects who eschewed presentation to an Ebola treatment unit, especially those units that off ered little in the way of aggressive intravenous resuscitation or management of electrolyte disturbances. Consider the situation in which you are an Ebola virus disease suspect (you have fever, vomiting, muscle pain, and headache) but don't know whether you have Ebola virus disease: (1) if you have undiagnosed malaria and stay at home, your chance of dying is 0*2% (2) if you have undiagnosed malaria and go to an Ebola treatment unit, your chance of dying from Ebola virus disease is 16*1% (around 25% chance of nosocomial Ebola virus transmission with 64*3% mortality) or (3) if you have Ebola virus disease, stay at home, and self isolate, your chance of dying is 70*8% Given equal chances of having malaria (West Africa is the region with the world's highest incidence of malaria) or Ebola virus disease, your overall mortality risk for staying at home is 35*5% versus 40*2% for going to a Ebola treatment unit. Thus, you would be acting in your rational self interest by staying at home, since the suspect who is uninfected might become so nosocomially through ambulance transport with actual cases or unsafe triage at an Ebola treatment unit not factoring in (1) rational desires to die at home rather than in (or in the queue in front of) a far off tent; (2) rational fears that you might never see your family again; (3) rational responses to the pervasive messaging that Ebola has no cure; or (4) the irony that, once admitted to an Ebola treatment unit that does not off er intravenous volume replacement, a rational decision might be to deliberately infect yourself with malaria: emerging evidence suggests that Plasmodium parasitemia off ers a greater survival benefi t than the oral rehydration approach used at many Ebola treatment units in 2014. And therein lies the Ebola suspect's dilemma at least according to the rational choice lens that refracts the world around us into binary options for our moral retinas. Now consider a Special Report by the WHO Ebola Response Team. In it, the authors rightly if not tautologically suggest that shortening the delay to isolation of Ebola virus disease suspects would lead to quicker overall outbreak containment, yet they fail to adequately discuss the reality that suspects will continue to be "unwilling to seek medical care," when such care is non existent. Indeed, our extensive interviews with survivors of Ebola virus disease and their families reveal among a variety of reasons for Ebola treatment unit avoidance early in the outbreak the common suggestion that international non governmental organisations in future epidemics not be allowed to set up Ebola treatment units if they do not provide intravenous resuscitation as standard of care. Conversely, if Ebola suspects maximise their chances of survival (by staying at home in the case above) they risk according to the methodological individualist
The Lancet. Global health
Eugene T Richardson Mohamed Bailor Barrie Cameron T Nutt J Daniel Kelly Raphael Frankfurter Mosoka Fallah Paul Farmer
149026789
Deception in Police Suspect Interaction in Ibadan, Nigeria
IntroductionInterrogating police officers, henceforth IPOs, adopt a number of strategies in their bid to achieve success in the course of their enquiries. One of the onerous tasks of the police is the task of investigating criminal intent. In the Nigerian context, a department known as Criminal Investigation Department is saddled with the task of probing criminal activities. Such investigations are carried out in accordance with the provisions of the Nigerian Constitution. There is no doubt that crime investigation places a great of demand on the psyche (Dastjerdi, 2008; Edwards, 2013) This behoves IPOs to resort to psychological tactics in achieving confession. Achieving confessional statements is the overall goal of IPOs. However, suspects flagrantly work at cross purposes with the goal of IPOs; suspects do not voluntarily confess during the course of interrogation. IPOs resort to deception instead of physical torture in their attempt to obtain confessional statements from suspects. Deception is a means through which IPOs conceal certain information, ideas, intents and emotions so as to get suspects confess during interrogation.Forensic linguistics has recently attracted the attention of language researchers. One of the concerns of their research is investigating the language of police interrogation (Gordon, 2012; Heffer, 2010) Police officers' use of language during interrogation is worthy of being investigated as different motivations, ideologies of IPOs are unraveled through a close study of the language of enquiry (Farinde, 2008; Ahialey, 2013; Ayodele, 2013; Makandi, 2008; Haworth, 2012) In Nigeria for example, IPOs resort to deception to feign a number of issues before suspects. Such use of deception is aimed at ensuring the success of the enquiry. Ekundare (2014) observes that IPOs take into cognizance the age, religion, social status, marital status and degree of suspects' crime during investigation. He notes that these factors come to bear during investigation. On the same issue, Nicola (2012) observes that the physical setting of the interrogation room and the conduct of IPOs are prominent factors that affect the interrogation process. Akinrinlola (2016) notes that deception is needful in handling the complexities and hurdles experienced by IPOs during crime investigation. Deception is a conscious process of veiling facts and cleverly luring suspects to confess to crime Leo (2009) It is observed that deception manifests greatly in police suspect interaction. IPOs go extra mile in achieving confession in their interaction with suspects. They sometimes appeal to suspects' ignorance, intellect and circumstances surrounding suspects' crimes (Akinrinlola and Ajayi, 2016) Deception manifests at the interrogation stage of the entire enquiry. Suspects' cognition is manipulated to achieve certain institutional goals during interrogation sessions. Both IPOs and suspects are communicators in such interaction and the need for them to maximize relevance in the course of interrogation is geared by the need to manipulate the mental state of others. The interactants (IPOs and suspects) routinely work towards what generates positive cognitive effects in the interaction. It is important to assert that the study is predicated on inferential communication and this underscores the fact that background knowledge and context of the interaction give clue to meaning.Studies on police discourse have examined discourse acts and legal requirements in police interrogation. Some of these studies include those of (Leo, 2009; Reid, 2007; Magid, 2007; Heydon, 2005; Makandi, 2008; Haworth, 2012; Farinde, 1997, 2008; Terebo, 2012; Sadiq, 2012; Ayodele, 1988) These studies have not engaged the psychological peculiarities in police suspect interaction. Besides, the studies do not describe how police officers manifest power over suspects. This study intends to describe deception as a strategy used by IPOs in eliciting confessional statements from suspects and describe how power relations are negotiated in such interaction.
Akinrinlola Temidayo
143417292
Japanese Suspect Interviews, Confessions, and Related Factors
Two hundred and ninety one new adult male inmates convicted of murder, robbery, arson, rape, forcible indecency, and kidnapping completed questionnaires about their pretrial interviews. Logistic regression analyses revealed that marital status, feelings of guilt, and perceptions of the strength of the evidence significantly affected the likelihood of confession by those who had already decided to confess prior to interview. By contrast, prior arrest history and interview style affected the likelihood of confession by those who had not previously decided to confess. Suspects who had no previous arrests and had undergone either Undifferentiated high or Relationship focused interviews were more likely to make full confessions. In Undifferentiated high interviews, police officers employed all of the interviewing techniques examined: they listened closely to the suspects' accounts, attempted to build good relationships, and discussed the crimes, while also presenting evidence and confronting the suspects. In Relationship focused interviews, police officers listened attentively to the offenders' accounts, tried to build good relationships, and discussed the crimes directly. Prisoners who experienced Relationship focused interviews felt satisfied with their confessions and admitted guilt at trial.
Taeko Wachi Kazumi Watanabe Kaeko Yokota Yusuke Otsuka Michael E Lamb
145101343
Competence to Confess
Confessional evidence typically is highly persuasive in criminal trials, especially when it is the primary source of evidence offered by the prosecution. Prior to obtaining a confession from a suspect, police investigators are obliged to provide a Miranda warning if they anticipate the confession will be introduced into evidence at a criminal trial. We describe the origins of the Miranda warning, perspectives on its utility and relevance, and how the warning has changed over time. Recent developments in constitutional law relevant to the Miranda warning and relevant to judicial determinations of the credibility of confessions are summarized. We review historical and recent case law relevant to "coerced" confessions and the credibility or trustworthiness of confessions. We describe changes over time in judicial interpretations of what constitutes coercion and credibility, issues with special populations, and the recent focus in case law on individual factors that might impair Miranda comprehension or that might impair a suspect's capacity to provide a credible or reliable confession. Empirical research on factors associated with impairments in Miranda comprehension and impairments related to the tendency in some individuals to provide false confessions is considered. Case law rulings and empirical research are integrated into suggested practices for the forensic assessment of abilities related to Miranda comprehension and the trustworthiness of confessions. Keywords: Crane v. Kentucky; false confessions; Grisso instruments; juvenile comprehension of Miranda rights; Miranda rights; validity of confessions
Lois B Oberlander Naomi E Sevin Goldstein Alan M Goldstein
147746244
Non verbal Communication Skills in Interrogating Criminal Suspect
Alongside with the usage of interrogate language,investigators should also make analysis of non verbal information from criminal suspects and perfect adoption of it,because non verbal language have distinct effect and sometimes even indispensable in interrogating.Investigators could use non verbal communication skills to convey information to criminal suspects to confess.
Ma Li-fen