(False) confessions
10 important questions on (False) confessions
Why false confessions? Mccormick?
What is the history of false confessions?
Miranda warning waiver
Mirande vs. arizona 1966
the police wanys to continue the intrergation. legal practitioner has to lead the suspect known that theuy ca conceal or can be quite. it is called the mirande warning because it was based on mirande vs arizona in 1966. it lead to jurors to understand that it is important to have this information for the suspect. the mirande warning waiver is a statement from the police that they have the right to remain silent etc. We need to ndelrine this right to the suspect.
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What is the debate around the miranda waiver?
side: people that are quite critical to the mirande warning, in the last years there is a decrease in confessions.
side: believe that the mirande waring is important and that the decrease is not significant the mirande warning is imprtant to civilise people and also legal practioners.
even if there is a debate we all agree that there needs to be more investigation. even is there is debate both sides agree that we need more info.
Why do innocent suspects waive rights?
1. No prior felony more likely to waive, innocent people without criminal history because people yhat are already interrogated are more prone to ask aout it.
2. “Transparency Illusion” (Gilovich et al., 1998),
- nnocent suspects, w believe a delusion that people will trust is it is the transparency illusion. we think that listeners are prone to believe thatb what we say is true.
Confirmation bias, nickerson 1998?
Beliefs about the target
Behaving in such a way that conforms beliefs
Target responds in turn, confirming the beliefs
What facotrs do observational studies underline?
haracteristics of the suspec
contextual factor
duration of the detention technique used type of interaction
Perception of proof
External pressure
Internal pressure
Types of false confessions why we give them
- need self punishment, shame and guilt they want to self punish.
- inability to distinguish lies and reality, the suspect has mental redardation or disorders.
- desie to protect person
Where do we look at when legal practioners have to undertsand if the confession is reliable or not?
- personal risk factor, personality , age, mental retardation, pychopathologuy
- situation risk factors, external, phicicial custody and isolation, vonformtation, minimization.
Cconsequences of confession evidence?
However, several wrongful convictions in which false confessions are in evidence lead to three errors:
1. Common sense leads people to expect self-serving behavior and, in turn, to trust confessions
2. Fundamental attribution error: Tendence to make dispositional attributions for a person’s actions without considering situational factors
3. Believing to be able to recognize false confessions
Errors not limited to juries
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