Advertisement
Guest User

Untitled

a guest
Sep 18th, 2019
333
0
Never
Not a member of Pastebin yet? Sign Up, it unlocks many cool features!
text 15.46 KB | None | 0 0
  1.  
  2.  
  3. WHY SUSPECTS CONFESS
  4.  
  5. By
  6.  
  7. David D. Tousignant, M.A.
  8. Inspector
  9. Lowell, Massachusetts, Police Department
  10.  
  11.  
  12. Many criminal cases, even when investigated by the most
  13. experienced and best qualified investigators, are ultimately
  14. solved by an admission or confession from the person responsible
  15. for committing the crime. Oftentimes, investigators are able to
  16. secure only a minimal amount of evidence, be it physical or
  17. circumstantial, that points directly to a suspect, and in many
  18. instances, this evidence is not considered strong enough by
  19. prosecutors to obtain a conviction. In such cases, the
  20. interrogation of the suspects and their subsequent confessions
  21. are of prime importance.
  22.  
  23. This article addresses the question of why suspects speak
  24. freely to investigators, and ultimately, sign full confessions.
  25. The physical and psychological aspects of confession and how
  26. they relate to successful interrogations of suspects are also
  27. discussed, as is the "breakthrough," the point in the
  28. interrogation when suspects make an admission, no matter how
  29. minuscule, that begins the process of obtaining a full
  30. confession.
  31.  
  32. DEFINING INTERROGATION
  33.  
  34. Interrogation is the questioning of a person suspected of
  35. having committed a crime. (1) It is designed to match acquired
  36. information to a particular suspect in order to secure a
  37. confession. (2) The goals of interrogation include:
  38.  
  39. * To learn the truth of the crime and how it happened
  40.  
  41. * To obtain an admission of guilt from the suspect
  42.  
  43. * To obtain all the facts to determine the method of
  44. operation and the circumstances of the crime in question
  45.  
  46. * To gather information that enables investigators to arrive
  47. at logical conclusions
  48.  
  49. * To provide information for use by the prosecutor in
  50. possible court action. (3)
  51.  
  52. Knowing the definition and objectives of the interrogation,
  53. the question then asked is, "Why do suspects confess?"
  54. Self-condemnation and self-destruction are not normal human
  55. behavioral characteristics. Human beings ordinarily do not
  56. utter unsolicited, spontaneous confessions. (4) It is logical
  57. to conclude, therefore, that when suspects are taken to police
  58. stations to be questioned concerning their involvement in a
  59. particular crime, their immediate reaction will be a refusal to
  60. answer any questions. With the deluge of television programs
  61. that present a clear picture of the Miranda warning and its
  62. application to suspects, one would conclude that no one
  63. questioned about a crime would surrender incriminating
  64. information, much less supply investigators with a signed, full
  65. confession. It would also seem that once suspects sense the
  66. direction in which the investigators are heading, the
  67. conversation would immediately end. However, for various
  68. psychological reasons, suspects continue to speak with
  69. investigators.
  70.  
  71. SUSPECT PARANOIA
  72.  
  73. Suspects are never quite sure of exactly what information
  74. investigators possess. They know that the police are
  75. investigating the crime, and in all likelihood, suspects have
  76. followed media accounts of their crimes to determine what leads
  77. the police have. Uppermost in their minds, however, is how to
  78. escape detection and obtain firsthand information about the
  79. investigation and where it is heading.
  80.  
  81. Such "paranoia" motivates suspects to accompany the police
  82. voluntarily for questioning. Coupled with curiosity, this
  83. paranoia motivates suspects to appear at police headquarters as
  84. "concerned citizens" who have information pertinent to the case.
  85. By doing this, suspects may attempt to supply false or
  86. noncorroborative information in order to lead investigators
  87. astray, gain inside information concerning the case from
  88. investigators, and remove suspicion from themselves by offering
  89. information on the case so investigators will not suspect their
  90. involvement.
  91.  
  92. For example, in one case, a 22-year-old woman was
  93. discovered in a stairwell outside of a public building. The
  94. woman had been raped and was found naked and bludgeoned.
  95. Investigators interviewed numerous people during the next
  96. several days but were unable to identify any suspects. Media
  97. coverage on the case was extremely high.
  98.  
  99. Several days into the investigation, a 23-year-old man
  100. appeared at police headquarters with two infants in tow and
  101. informed investigators that he believed he may have some
  102. information regarding the woman's death. The man revealed that
  103. when he was walking home late one evening, he passed the area
  104. where the woman was found and observed a "strange individual"
  105. lurking near an adjacent phone booth. The man said that because
  106. he was frightened of the stranger, he ran back to his home.
  107. After reading the media accounts of the girl's death, he
  108. believed that he should tell the police what he had observed.
  109.  
  110. The man gave police a physical description of the
  111. "stranger" and then helped an artist to compose a sketch of the
  112. individual. After he left, investigators discovered that the
  113. sketch bore a strong resemblance to the "witness" who provided
  114. the information.
  115.  
  116. After further investigation, the witness was asked to
  117. return to the police station to answer more questions, which he
  118. did gladly. Some 15 hours into the interrogation, he confessed
  119. to one of his "multiple personalities" having killed the woman,
  120. who was unknown to him, simply because the victim was a woman,
  121. which is what the suspect had always wanted to be.
  122.  
  123. This case clearly illustrates the need for some suspects to
  124. know exactly what is happening in an investigation. In their
  125. minds, they honestly believe that by hiding behind the guise of
  126. "trying to help," they will, without incriminating themselves,
  127. learn more about the case from the investigators.
  128.  
  129. INTERROGATION SETTING
  130.  
  131. In any discussion concerning interrogation, it is necessary
  132. to include a review of the surroundings where a suspect is to be
  133. interrogated. Because there is a general desire to maintain
  134. personal integrity before family members and peer groups,
  135. suspects should be removed from familiar surroundings and taken
  136. to a location that has an atmosphere more conducive to
  137. cooperativeness and truthfulness. (5) The primary psychological
  138. factor contributing to successful interrogations is privacy--
  139. being totally alone with suspects. (6) This privacy prompts
  140. suspects to feel willing to unload the burden of guilt. (7) The
  141. interrogation site should isolate the suspect so that only the
  142. interrogator is present. The suspect's thoughts and responses
  143. should be free from all outside distractions or stimuli.
  144.  
  145. The interrogation setting also plays an important part in
  146. obtaining confessions. The surroundings should reduce suspect
  147. fears and contribute to the inclination to discuss the crime.
  148. Because fear is a direct reinforcement for defensive mechanisms
  149. (resistance), it is important to erase as many fears as
  150. possible. (8) Therefore, the interrogation room should
  151. establish a business atmosphere as opposed to a police-like
  152. atmosphere. While drab, barren interrogation rooms increase
  153. fear in suspects, a location that displays an open,
  154. you-have-nothing-to fear quality about it can do much to break
  155. down interrogation defensiveness, thereby eliminating a major
  156. barrier. (9) The interrogators tend to disarm the suspects
  157. psychologically by placing them in surroundings that are free
  158. from any fear-inducing distractions.
  159.  
  160. PSYCHOLOGICAL FACTORS
  161.  
  162. More than likely, suspects voluntarily accompany
  163. investigators, either in response to a police request to answer
  164. questions or in an attempt to learn information about the
  165. investigation. Once settled in the interrogation room, the
  166. interrogators should treat suspects in a civilized manner, no
  167. matter how vicious or serious the crime might have been. While
  168. they may have feelings of disgust for the suspects, the goal is
  169. to obtain a confession, and it is important that personal
  170. emotions not be revealed. (10)
  171.  
  172. Investigators should also adopt a compassionate attitude and
  173. attempt to establish a rapport with suspects. In most cases,
  174. suspects commit crimes because they believe that it offers the
  175. best solution to their needs at the moment. (11) Two rules of
  176. thumb to remember are: 1) "There but for the grace of God go
  177. I"; and 2) it is important to establish a common level of
  178. understanding with the suspects. (12) These rules are critical
  179. to persuading suspects to be open, forthright, and honest.
  180. Suspects should be persuaded to look beyond the investigators'
  181. badges and see, instead, officers who listen without judging.
  182. If investigators are able to convince suspects that the key
  183. issue is not the crime itself, but what motivated them to commit
  184. the crime, they will begin to rationalize or explain their
  185. motivating factors.
  186.  
  187. At this stage of the interrogation, investigators are on
  188. the brink of having suspects break through remaining defensive
  189. barriers to admit involvement in the crime. This is the
  190. critical stage of the interrogation process known as the
  191. breakthrough.
  192.  
  193. THE BREAKTHROUGH
  194.  
  195. The breakthrough is the point in the interrogation when
  196. suspects make an admission, no matter how small. (13) In spite of
  197. having been advised of certain protections guaranteed by the
  198. Constitution, most suspects feel a need to confess. Both
  199. hardcore criminals and first-time offenders suffer from the same
  200. pangs of conscience. (14) This is an indication that their defense
  201. mechanisms are diminished, and at this point, the investigators
  202. may push through to elicit the remaining elements of confession.
  203.  
  204. In order for interrogators to pursue a successful
  205. breakthrough, they must recognize and understand certain
  206. background factors that are unique to a particular suspect.
  207. Many times, criminals exhibit psychological problems that are
  208. the result of having come from homes torn by conflict and
  209. dissension. Also frequently found in the backgrounds of
  210. criminals are parental rejection and inconsistent and severe
  211. punishment. (15) It is important that investigators see beyond
  212. the person sitting before them and realize that past experiences
  213. can impact on current behavior. Once interrogators realize
  214. that the fear of possible punishment, coupled with the loss of
  215. pride in having to admit to committing mistakes, is the basic
  216. inhibitor they must overcome in suspects, they will quickly be
  217. able to formulate questions and analyze responses that will
  218. break through the inhibitors.
  219.  
  220. SUCCESSFUL INTERROGATIONS
  221.  
  222. Investigators must conduct every interrogation with the
  223. belief that suspects, when presented with the proper avenue,
  224. will use it to confess their crimes. Research indicates that
  225. most guilty persons who confess are, from the outset, looking
  226. for the proper opening during the interrogation to communicate
  227. their guilt to the interrogators. (16)
  228.  
  229. Suspects confess when the internal anxiety caused by their
  230. deception outweighs their perceptions of the crime's
  231. consequences. (17) In most instances, suspects have magnified,
  232. in their minds, both the severity of the crime and the possible
  233. repercussions. Interrogators should allay suspect anxiety by
  234. putting these fears into perspective.
  235.  
  236. Suspects also make admissions or confessions when they
  237. believe that cooperation is the best course of action. (18) If
  238. they are convinced that officers are prepared to listen to all
  239. of the circumstances surrounding the crimes, they will begin to
  240. talk. The psychological and physiological pressures that build
  241. in a person who has committed a crime are best alleviated by
  242. communicating. (19) In order to relieve these suppressed
  243. pressures, suspects explain the circumstances of their crimes
  244. they confess.
  245.  
  246. And, finally, suspects confess when interrogators are able
  247. to speculate correctly on why the crimes were committed.
  248. Suspects want to know ahead of time that interrogators will
  249. believe what they have to say and will understand what motivated
  250. them to commit the crime.
  251.  
  252. CONCLUSION
  253.  
  254. It is natural for suspects to want to preserve their
  255. privacy, civil rights, and liberties. It is also natural for
  256. suspects to resist discussing their criminal acts. For these
  257. very reasons, however, investigators must develop the skills
  258. that enable them to disarm defensive resistors established by
  259. suspects during interrogation. Before suspects will confess,
  260. they must feel comfortable in their surroundings, and they must
  261. have confidence in the interrogators, who should attempt to gain
  262. this confidence by listening intently to them and by allowing
  263. them to verbalize their accounts of the crimes.
  264.  
  265. Interrogators who understand what motivates suspects to
  266. confess will be better able to formulate effective questions and
  267. analyze suspect responses. Obviously, more goes into gaining a
  268. confession than is contained in this article. However, if the
  269. interrogator fails to understand the motivations of the suspect,
  270. other factors impacting on obtaining the confession will be less
  271. effective.
  272.  
  273.  
  274. FOOTNOTES
  275.  
  276. (1) Charles E. O'Hara and Gregory L. O'Hara, Fundamentals
  277. of Criminal Investigation, 5th ed. rev. (Springfield, IL:
  278. Charles C. Thomas, 1988), p. 117.
  279.  
  280. (2) W. E. Renoud, Criminal Investigation Digest (Springfield,
  281. IL: Charles C. Thomas, 1981), p. 10.
  282.  
  283. (3) John J. Horgan, Criminal Investigations, 2d ed. (New
  284. York, NY: McGraw-Hill Book Company, 1979), p. 78.
  285.  
  286. (4) Fred E. Inbau, John E. Reid, and Joseph P. Buckley,
  287. Criminal Interrogation and Confessions, 3d ed. (Baltimore, MD:
  288. Williams & Wilkins, 1986), p. 16.
  289.  
  290. (5) Robert F. Royal and Steven R. Schutt, The Gentle Art
  291. of Interviewing and Interrogation: A Professional Manual and
  292. Guide (Englewood Cliffs, NJ: Prentice-Hall, Inc., 1976), p. 56.
  293.  
  294. (6) Supra note 4, p. 24.
  295.  
  296. (7) Charles R. Swanson, Jr., Neil Chamelin, and Leonard
  297. Territo, Criminal Investigation, 4th ed. (New York, NY: Random
  298. House, 1988), p. 210.
  299.  
  300. (8) Supra note 5, p. 57.
  301.  
  302. (9) Ibid.
  303.  
  304. (10) Supra note 2, p. 12.
  305.  
  306. (11) Ibid., p. 13.
  307.  
  308. (12) Ibid., p. 13.
  309.  
  310. (13) Supra note 5.
  311.  
  312. (14) Supra note 7.
  313.  
  314. (15) James C. Coleman, James N. Butcher, and Robert C.
  315. Carson, Abnormal Psychology and Modern Life, 7th ed. (Glenview,
  316. IL: Scott Foresman and Company, 1984), p. 261.
  317.  
  318. (16) Supra note 7, p. 209.
  319.  
  320. (17) John Reid and Associates, The Reid Technique of
  321. Interviewing and Interrogation (Chicago, IL: Reid & Associates,
  322. 1986), p. 44.
  323.  
  324. (18) Supra note 5, p. 115.
  325.  
  326. (19) Supra note 7, p. 209.
  327. 
Advertisement
Add Comment
Please, Sign In to add comment
Advertisement