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CHAPTER TEN
CHAPTER OBJECTIVES
► Understand how confessions play a role in religion and psychotherapy.
► Appreciate why confessions are such a powerful form of evidence.
► Know the three types of false confessions.
KEY TERMS
Brown v. Mississippi Miranda v. Arizona
Self-incrimination Voluntary forced confession
Coerced-complaint confession Coerced-internalized confession
John Mark Karr Dr. Richard Ofshe
Interrogative suggestibility Pseudo-memories
LECTURE NOTES
Psychology of False Confessions
Confessions in Historical Perspective
Throughout history, confessions have been pivotal in three arenas; religion, psychotherapy, and
criminal law.
Confession in Religion
Confession in Psychotherapy
In the early stages of the psychoanalytic movement, Freud observed that patients often felt better
Confession in the Criminal Law
Confessions play a vital role in law enforcement, crime control, and the criminal justice system.
But they also raise reoccurring questions as to whether a statement is authentic and voluntary,
and was procured without undue pressure and with a knowing waiver of rights.
In Miranda v. Arizona (1966), the Supreme Court ruled that unless the accused is advised by the
police of his constitutional rights to remain silent and to obtain counsel, all self-incriminating
statements are inadmissible in court.
addition, 20% of confessions are later recanted. Most surprising, however, is how often
confessions are made by individuals who are absolutely innocent.
The Psychology of False Confessions
Three Types of False Confessions
Voluntary False Confessions
These are self-incriminating statements that are purposefully offered in the absence of pressure
by the police. Sometimes these occur as a means to protect a friend or relative.
Coerced-Compliant False Confessions
These occur when suspects confess, despite the knowledge of their innocence, due to extreme
methods of police interrogations.
Coerced-Internalized False Confessions
These occur when suspects who are innocent actually come to believe that they committed a
crime.
This may be due to anxiety, fatigue, pressure, or confusion, or highly suggestive methods of
Ericka later made a statement to the police that her father had been molesting both she and her
sister for years. In addition, she claimed that her father had presided over hundreds of satanic
rituals in which some 25 live babies were slaughtered and sacrificed.
Why do False Confessions Occur?
Person Characteristics
Some researchers and theorists have compared the generation of internalized false
confessions to hypnosis.
Rational choice theory posits that some suspects falsely confess because interrogation
convinces them that confessing is the most rational choice. This can occur when an innocent
suspect believes that the police have strong evidence and that confessing is the only way to avoid
severe punishment. Or, it can occur if an innocent suspect, wanting to end a stressful
Demand Characteristics
Certainly the length of an interrogation may influence its outcome. A long interrogation causes
fatigue and stress, exacerbates hopelessness, and may contribute to a false confession from
a suspect who wants the interrogation to end.
Minimization
In minimization the interrogator offers some moral justification for the suspect’s actions,
minimizes the seriousness of the situation or shifts blame on to others. This is a process of
Maximization
In maximization the interrogator tries to frighten the suspect by exaggerating the evidence
available, the legal consequences, or stating that the interrogator knows the suspect is guilty.
The Status of Confessions in the Supreme Court
For some thirty years following the original decision in Brown v. Mississippi, the Supreme Court
attempted to determine whether a confession was ''voluntary'' and admissible or ''coerced'' and
inadmissible through a consideration of the ''totality of the circumstances'' approach.
Under Miranda, a person questioned while in custody must be warned that anything he says can
be used against him in a court of law, that he is entitled to the presence of a lawyer before
questioning is begun, and that if he cannot afford counsel he is entitled to an appointed attorney.
This applies to questioning initiated by law enforcement officers after a person has been taken
into custody or otherwise deprived of his freedom of action in any significant way.
What do Forensic Psychologists have to Offer?
At the very least they should educate police investigators, interrogators, judges, and lawyers as to
the factors (personality and situational) which make suspects more vulnerable to making false
confessions.
SUMMARY
Confessions have been present in many religions for centuries. It has also been a part of
psychotherapy in the process of letting out bad feelings and catharsis. But it is confession in
criminal law that has been the focus of this chapter. The psychological and the legal literature
have revealed a history of excessive and inappropriate interrogations in this country leading to
false confessions. One of the first law cases involving forced confessions was Brown v.
Mississippi in which coerced confessions were deemed to have violated the Constitution.
Similarly, Miranda v. Arizona and other cases have mandated that confessions be voluntarily
given in order to be admitted into evidence, and that a suspect’s rights against self-incrimination
be provided, and that these rights can only be waived knowingly before questioning begins.
REVIEW QUESTIONS
1. What role does confession play in many religions?
4. What is a coerced-complaint confession and why does it occur?
6. Under what circumstances might a coerced-internalized confession occur?
7. What are the facts surrounding the Paul Ingram case of 1988?
10. What is meant by the “demand characteristics” of an interrogation?
11. What is “minimization” and “maximization” and how are they related to interrogation
techniques?
