Instrumental voluntary false confessions are ones in which an individual comes forward on his/her behalf and confesses to the crime. There is minimal to no pressure from the police because the person usually confesses right away (Schwartz, 2016, p. 36). One reason an individual might voluntarily confess would be because the individual wants the possible fame that could come out of confessing to a big case (Pollack, 2017). Whatever the reason may be, the person falsely comes forward voluntarily. An example of a confession such as this is John Mark Karr’s case. Karr repeatedly confessed to raping and killing JonBenet Ramsey, a 6-year old girl. Karr was arrested; however, it was later proven that his story of the incident didn’t match the autopsy of the child (Ricardi & Simon, 2006). It was later determined that Karr confessed for the fame (Pollack, 2017). Thus, his confession was voluntary false. Voluntary false confessions are probably the easiest confessions for police officers because they don’t have to coerce or threat the confession out of the suspect. Another type of false confession is instrumental-coerced false confessions. This is where a suspect has been interrogated for hours upon hours and confess as a way to escape the mania that takes place in the interrogation room (Schwartz, 2016, p. 37). The confession comes out of the pressure the police officers place on the suspect. An example of this type of confession would be the Central Park Jogger case. In 1989, five
The term deception means the deliberate act of misleading an individual some may refer to deception as “little white lies.” Deception has long been used in the criminal justice area by officers in the detecting process of criminal cases, and is one of the most commonly used tools in the investigative process. Investigators use deception in the detecting process. This involves misleading criminals during the investigative and interrogative stages, to gather enough information about the
While people find it hard to believe that anyone would confess to a crime he or she did not commit, there are people who end up making a false confession. In the Central Park Five case, the police managed to get the young boys to admit to the crime with the false promise that they would be allowed to go home if they confessed (Kassin, 2002). For Martin Tankleff, while in an
Determining a false confession proves difficult due to the multitude of dimensions involved. According to Kassin and Wrightsman’s (1985) survey of the literature, there are three main types of false confessions—voluntary, coerced-compliant, and coerced-internalized. Unlike coerced false confessions, voluntary false confessions arise as a result of someone willingly turning themselves into the police with an account of their crime (McCann, 1998). Voluntary false confessions can result from multiple motives, including an internalized need for punishment or to save someone else’s face. In contrast, coerced false confessions directly result from police interrogations. While coerced-compliant confessions are made to avoid interrogation, escape the stressful situation, or achieve some other reward, coerced-internalized confessions emerge when a suspects begins to
Would any of the following actions cause a statement of a suspect to be involuntary?
In recent years, there have been multiple high-profile cases of people being exonerated, often by DNA testing, after giving a false confession to a crime they did not commit. People who often fall into this trap are juveniles or those with a diminished mental capacity (Redlich, 2009). DNA testing has helped many innocent people that gave false confessions be free again. This trend brings up the question of how were they able to give a false confession.
The first reason is that people trust confession is because of self-serving behavior and taking people at their face value (Kassin, 2005). The second reason is that detecting deception is a learned skill not a normal one that most people have. The third and final reason that people trust confession is that will being interrogated people can be coached what to say that aligns with the crime or they may overhear parts about the crime. Because of the amount of false confessions and the trust people put in believing them there needs to be some reform made in interrogation procedures. Three areas in particular need to be looked at and the first is the length of time for the interrogation. Many factors play a role in a person
Police interrogate suspects on a daily basis, but how can they tell if the confession is real? We have all heard, at one time or another of someone confessing to a crime they didn’t commit. Then your next thought is “I would never confess to something I didn’t do”. The only way you can be a 100% sure of that is if you have been through an interrogation before. This paper is going to define “confession” and tell how an innocent person will confesses to a crime they didn’t commit. This paper will also show the history of interrogations.
". . . the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." —Chief Justice Earl Warren, speaking for the majority.
Once introduced as evidence, a confession causes a negative chain reaction in the justice system and law enforcers and justice officials often include their biases in their judgment, which leads to justice miscarriage. The process of false confession starts with the law enforcement officials (Leo & Davis, 2011). According to Kassin, Meissner, and ReNorwick (2005), investigators have a high confidence in knowing a true confession but their accuracy is the same as that of the public. The investigators do not see deception but rather they infer
“It was me. I did it. I’m guilty.” It’s what every interrogator is waiting for and hoping to hear. Any variation will do the job, as either is the heart of each and every confession. The main purpose of an interrogation is to elicit the truth from a suspect that they believe has lied or is guilty of the crime they’re investigating. They are looking for a confession. Confessions are the most damaging and influential piece of evidence of the suspect’s guilt that the state can use against a defendant (Leo, 2009). It makes sense. People instinctively trust confessions. After all, why would someone confess to a crime they did not commit? The mere idea that someone would admit to committing a crime they did not do boggles the mind simply because it just does not seem rational. However, the fact remains that false confessions do happen, and for a multitude of different reasons. This paper will begin with an examination of false confessions in general, then focus on the different types of false confessions, including what leads to their occurrence, and will conclude by discussing ways in which false confessions could be avoided.
Wakefield, H. & Underwager, R. (2014). Coerced or Non-voluntary Confessions: IPT Library Resources. Retrieved October 19, 2017, from
False confessions have been a leading factor in destroying the lives of many innocent people. Since the advances of technology, victims of false confessions have been exonerated from the charges previously placed on them while others are still fighting for innocence or died a criminal. One technological advance that has exonerated many individuals is DNA testing. According to Randy James, DNA testing was discovered in 1985 and was first used in court to convict Tommie Lee Andrews (Time, 2009). Today many Americans are convicted because of false confessions that have not yet been overturned with new evidence (Kassin, 2014). Although DNA testing has led to freedom for many innocent Americans, there are still many innocent people who are locked
The polygraph test is one of the most controversial criminal investigative techniques of all-time. From the initial years of the invention to today, there is not a consensus about the investigative tool. That is why there are many people for and against the administration of polygraph tests. Therefore, in order to develop a clear picture of the polygraph test the history of the test must be established. Although, there are many sources that have well documented concerns about the invention, the polygraph test is still around after almost 80 years.
Deception According to Hyman (1989) deception implies that an agent acts or speaks so as to induce a false belief in a target or victim. Deception can occur in everyday life. Whether it is telling someone they look nice or not telling them that they look fat. This is an important process for forming relationships and general social interaction.
The privilege against self-incrimination (“PSI”) s a very vague and wide legal concept under the common law initially. The common law rule was initially described as a rule that bounds no one to answer any question if it might expose him to any criminal charge or penalty in England and Wales.