The Psychology of Confessions: A Review of the Literature and Issues

Event plausibility does not determine children's false memories

In this paper we ask how the plausibility of an event affects the likelihood that children will develop a false memory for it. Over three interviews 6-year-olds and 10-year-olds were shown two true photos and two false photos-a plausible and less plausible event-and reported what they could remember about those events. Children also rated their confidence that the events happened, and how much they could remember about the events. By the final interview, within each age group, there were no differences in children's confidence ratings for the two false events. In addition, within each age group, the rate of false memories was the same for each event; across age groups, younger children developed more false memories than older children.

Effects of expert testimony and interrogation tactics on perceptions of confessions

Evidence obtained through the process of interrogation is frequently undermined by what can be perceived as overzealous interrogation tactics. Although the majority of psychologically oriented tactics are legally permissible, they nonetheless contribute to innocent suspects confessing to crimes they did not commit. The present study examined the effect of expert testimony and interrogation tactics on perceptions of a confession. 182 undergraduates read a transcript of a homicide trial that varied based on interrogation tactic: implicit threat of punishment (maximization) or leniency (minimization) and expert witness testimony (presence or absence of expert testimony). Analysis indicated that the type of interrogation tactic used in obtaining the confession affected participants' perceptions of the coerciveness of the interrogation process.

Police practices and perceptions regarding juvenile interrogation and interrogative suggestibility

Recent media coverage has highlighted cases in which young suspects were wrongly convicted because they provided interrogation-induced false confessions. Although youth may be more highly suggestible and easily influenced by authority than adults, police are trained to use the same psychologically coercive and deceptive tactics with youth as with adults. This investigation is the first standard documentation of the reported interrogation practices of law enforcement and police beliefs about the reliability of these techniques and their knowledge of child development. Participants were 332 law enforcement officers who completed surveys about interrogation procedures and developmental issues pertaining to youth. Results indicated that, while police acknowledge some developmental differences between youth and adults, there were indications that (1) how police perceive youth in general and how they perceive and treat them in the interrogation context may be contradictory and (2) their general view is that youth can be dealt with in the same manner as adults.

Eyewitness Evidence: Improving Its Probative Value

The criminal justice system relies heavily on eyewitnesses to determine the facts surrounding criminal events. Eyewitnesses may identify culprits, recall conversations, or remember other details. An eyewitness who has no motive to lie is a powerful form of evidence for jurors, especially if the eyewitness appears to be highly confident about his or her recollection. In the absence of definitive proof to the contrary, the eyewitness's account is generally accepted by police, prosecutors, judges, and juries. However, the faith the legal system places in eyewitnesses has been shaken recently by the advent of forensic DNA testing. Given the right set of circumstances, forensic DNA testing can prove that a person who was convicted of a crime is, in fact, innocent. Analyses of DNA exoneration cases since 1992 reveal that mistaken eyewitness identification was involved in the vast majority of these convictions, accounting for more convictions of innocent people than all other factors combined. We review the latest figures on these DNA exonerations and explain why these cases can only be a small fraction of the mistaken identifications that are occurring. Decades before the advent of forensic DNA testing, psychologists were questioning the validity of eyewitness reports. Hugo Münsterberg's writings in the early part of the 20th century made a strong case for the involvement of psychological science in helping the legal system understand the vagaries of eyewitness testimony. But it was not until the mid- to late 1970s that psychologists began to conduct programmatic experiments aimed at understanding the extent of error and the variables that govern error when eyewitnesses give accounts of crimes they have witnessed. Many of the experiments conducted in the late 1970s and throughout the 1980s resulted in articles by psychologists that contained strong warnings to the legal system that eyewitness evidence was being overvalued by the justice system in the sense that its impact on triers of fact (e.g., juries) exceeded its probative (legal-proof) value. Another message of the research was that the validity of eyewitness reports depends a great deal on the procedures that are used to obtain those reports and that the legal system was not using the best procedures. Although defense attorneys seized on this nascent research as a tool for the defense, it was largely ignored or ridiculed by prosecutors, judges, and police until the mid 1990s, when forensic DNA testing began to uncover cases of convictions of innocent persons on the basis of mistaken eyewitness accounts. Recently, a number of jurisdictions in the United States have implemented procedural reforms based on psychological research, but psychological science has yet to have its fullest possible influence on how the justice system collects and interprets eyewitness evidence. The psychological processes leading to eyewitness error represent a confluence of memory and social-influence variables that interact in complex ways. These processes lend themselves to study using experimental methods. Psychological science is in a strong position to help the criminal justice system understand eyewitness accounts of criminal events and improve their accuracy. A subset of the variables that affect eyewitness accuracy fall into what researchers call system variables, which are variables that the criminal justice system has control over, such as how eyewitnesses are instructed before they view a lineup and methods of interviewing eyewitnesses. We review a number of system variables and describe how psychological scientists have translated them into procedures that can improve the probative value of eyewitness accounts. We also review estimator variables, variables that affect eyewitness accuracy but over which the system has no control, such as cross-race versus within-race identifications. We describe some concerns regarding external validity and generalization that naturally arise when moving from the laboratory to the real world. These include issues of base rates, multicollinearity, selection effects, subject populations, and psychological realism. For each of these concerns, we briefly note ways in which both theory and field data help make the case for generalization.

The relationship between false confessions and perceptions of parental rearing practices

The main aim of the study was to investigate the relationship between a history of having made a false confession and reported parental rearing practices. It was hypothesized that the reporting of rejection and absence of warmth by parents would be associated with the making of a false confession. The participants were 804 college students in Iceland. Each was asked about false confessions made to teachers and parents in the past, as well as about false confessions made to the police during questioning. The participants completed questionnaires relating to perceived parental rearing practices (EMBU), proneness to antisocial behavior (the Gough Socialization Scale), personality (EPQ), self-esteem (Rosenberg), and compliance (GCS). Only eight participants (1% of those interrogated) claimed to have made false confessions to the police, whereas 10% claimed to have made false confessions to teachers or parents. False confessions were significantly associated with proneness to antisocial behavior and the EMBU Rejection and Warmth scales for both fathers and mothers.

Recovered Memories

The issues surrounding repressed, recovered, or false memories have sparked one of the greatest controversies in the mental health profession in the twentieth century. We review evidence concerning the existence of the repression and recovery of autobiographical memories of traumatic events and research on the development of false autobiographical memories, how specific therapeutic procedures can lead to false memories, and individual vulnerability to resisting false memories. These findings have implications for therapeutic practice, for forensic practice, for research and training in psychology, and for public policy.

Sex offenders and confessions: how to overcome their resistance during questioning

A confession, when properly and fairly obtained, is powerful evidence against a suspect and will generally guarantee a conviction. There are a number of theoretical models that explain why suspects confess to crimes they have committed. In this chapter, the key models and the relevant empirical evidence are discussed. The evidence shows that sex offenders, and particularly child molesters, sometimes have a strong need to talk about their crimes due to the feelings of guilt and this gives the police an advantage. However, sex offenders also find it difficult to be open, honest and complete when interrogated due to the feelings of shame, which act to inhibit their motivation to confess. They are therefore torn between feelings of guilt, which encourages them to confess, and feelings of shame, which inhibit them from confessing. As a consequence, feelings of shame need to be overcome during the interrogation, which means that sex offenders need to be interviewed sensitively and skillfully. Any challenges need to be presented in a 'softly' fashion and with understanding of the perpetrator's perspective and emotional needs.

Testimony and interrogation of minors: Assumptions about maturity and morality

This article examines the legal histories and social contexts of testimony and interrogation involving minors, developmental research on suggestibility and judgment, interactions between development and legal/sociological contexts, and the reasoning behind how minors are treated in different legal contexts. The authors argue (a) that young witnesses, victims, and suspects alike possess youthful characteristics that influence their ability to validly inform legal processes, some of which were recently recognized by the Supreme Court as they apply to the juvenile death penalty, and (b) that consideration should be given to reforming current practices in the context of juvenile interrogation. ((c) 2006 APA, all rights reserved).