Deck 2: Section 1: Interrogations and Confessions

Question 1

What has been the U.S. Supreme Court's position on the use of deception by police during interrogations? How does the use of this technique compare with the use of deception during interrogations in other countries, such as England and Wales? What are some worrisome moral implications of the use of deception by police during interrogations?

Answer 1

Main points:
• In the United States, police are allowed to use a wide range of creative ploys and lies when interrogating suspects. Short of promising the suspect a reduced sentence, police can lie about the existence of physical evidence, eyewitness testimony, expert opinions, polygraph tests, etc.
• In England and Wales, the PACE act was passed that prohibits police from deceiving suspects and mandates the necessity of recording interrogations. Despite the reduced trickery by police, the rate of confessions elicited during interrogations remains the same.
• If it permissible for police to lie during interrogations, they may feel it is acceptable to lying in other contexts, such as on the witness stand. This could undermine public confidence in the police and people's willingness to cooperate with police voluntarily.

Question 2

Describe some common types of false confessions, reasons behind them, and police tactics that lead to a higher incidence of false confessions.

Answer 2

Main points:
• People falsely confess when they are tired and confused, believe the police interrogators' lies about the strong evidence against them, are young and naïve, or want to end the interrogation and sort out things later.
• Police in the United States use the Reid technique to make suspects feel isolated, a sense of loss of control, and convinced that police are sure of their guilt.
• Police offer exculpatory scenarios to suspects to get them to choose between an understandable, excusable, or even honorable reason for committing the crime and an immoral or depraved reason, while never considering the option of innocence.

Question 3

What are some possible reforms that can be implemented in police interrogation procedures to reduce the risk of false confessions?

Answer 3

Main points:
Experts suggested the following remedies to reduce false confessions:
• video recording of interrogations (including recordings from different angles and from the suspect's perspective),
• time limits on interrogations,
• having adult guardians present during the interrogation of minors or other vulnerable suspects, and
• having experts testify in court about interrogation techniques and false confessions.