37 Pages Posted: 7 Oct 2009 Last revised: 27 Apr 2010
Date Written: July 15, 2009
Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on judges and juries. This article concludes with a strong recommendation for the mandatory electronic recording of interrogations and considers other possibilities for the reform of interrogation practices and the protection of vulnerable suspect populations.
Keywords: police interviews, interrogations, false confessions
Suggested Citation: Suggested Citation
Kassin, Saul M. and Drizin, Steven A. and Grisso, Thomas and Gudjonsson, Gisli H. and Leo, Richard A. and Redlich, Allison D., Police-Induced Confessions: Risk Factors and Recommendations (July 15, 2009). Law and Human Behavior, 2009; Univ. of San Francisco Law Research Paper No. 2010-13. Available at SSRN: https://ssrn.com/abstract=1483878
By Richard Leo