Abstract

http://ssrn.com/abstract=2060655
 


 



The Problem of Interrogation-Induced False Confession: Sources of Failure in Prevention and Detection


Deborah Davis


University of Nevada, Reno

Richard A. Leo


University of San Francisco - School of Law

2012

In Stephen Morewitz & Mark Goldstein, eds., The Handbook of Forensic Sociology and Psychology (Springer, 2013 Forthcoming)
Univ. of San Francisco Law Research Paper No. 2012-28

Abstract:     
Interrogation-induced false confessions are a systemic feature of American criminal justice. In the last few decades, scholars have assembled evidence of instances of false confessions that resulted in wrongful convictions. Despite procedural safeguards and a constitutional prohibition against legally coercive interrogation techniques, American law enforcement continues to elicit false confessions. In particular, American law enforcement interrogation techniques display two problematic features that have the potential to increase the occurrence of false confessions: (1) an assumption of guilt that promotes the misclassification of innocent suspects as likely guilty; and (2) the still-coercive nature of interrogation tactics that include strong incentives promoting confession as the mechanism to achieve the best legal outcomes and that contaminate the content of the confessions they elicit.

In this article, we address two questions: (1) Why do false confessions occur, and what can be done to prevent them?; and (2) Why do false confessions remain undetected once elicited, and what be done to more successfully identify them when they do occur? We particularly emphasize the role of failures of relevant knowledge and understanding among those who elicit and misjudge false confessions.

Number of Pages in PDF File: 33

Keywords: false confession, wrongful conviction, American law enforcement, interrogation

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Date posted: May 16, 2012 ; Last revised: September 11, 2013

Suggested Citation

Davis, Deborah and Leo, Richard A., The Problem of Interrogation-Induced False Confession: Sources of Failure in Prevention and Detection (2012). In Stephen Morewitz & Mark Goldstein, eds., The Handbook of Forensic Sociology and Psychology (Springer, 2013 Forthcoming); Univ. of San Francisco Law Research Paper No. 2012-28. Available at SSRN: http://ssrn.com/abstract=2060655

Contact Information

Deborah Davis (Contact Author)
University of Nevada, Reno ( email )
Reno, NV 89557
United States
Richard A. Leo
University of San Francisco - School of Law ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
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