The Three Errors: Pathways to False Confession and Wrongful Conviction
Richard A. Leo
University of San Francisco - School of Law
Steven A. Drizin
Northwestern University - School of Law, Bluhm Legal Clinic; Northwestern University - Center on Wrongful Convictions
INTERROGATIONS AND CONFESSIONS: CURRENT RESEARCH, PRACTICE, AND POLICY RECOMMENDATIONS, Daniel Lassiter, Christian Meissner, eds., American Psychological Association, 2010
Univ. of San Francisco Law Research Paper No. 2012-04
Research has demonstrated that false confessors whose cases are not dismissed before trial are often convicted despite their innocence. In order to prevent such wrongful convictions, criminal justice officials must better understand the role that false confessions play in creating and perpetuating miscarriages of justice. This chapter examines police-induced false confessions and analyzes three sequential errors that occur in the social production of every false confession: investigators first misclassify an innocent person as guilty; they next subject him to a guilt-presumptive, accusatory interrogation that invariably involves lies about evidence and often the repeated use of implicit and/or explicit promises and threats as well; and once they have elicited a false admission, they pressure the suspect to provide a post-admission narrative that they jointly shape, often supplying the innocent suspect with the (public and nonpublic) facts of the crime. We refer to these as the misclassification error, the coercion error, and the contamination error. Additionally, at least three other processes - "misleading specialized knowledge," "tunnel vision," and "confirmation bias" – usually pave the way to a wrongful conviction by convincing all of the criminal justice actors to ignore the possibility that the confession is false. We analyze these processes in this chapter and conclude with recommendations designed to reduce false confessions and prevent false confessions from leading to wrongful convictions.
Number of Pages in PDF File: 24
Keywords: police-induced false confessions, wrongful convictions, police interrogations, law enforcement, misclassification error, coercion error, contamination errorAccepted Paper Series
Date posted: January 27, 2010 ; Last revised: February 24, 2012
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