Friday, January 29, 2010
Leo, Costanzo & Shaked-Schroer on Psychological and Cultural Aspects of Interrogations and False Confessions
Richard A. Leo (University of San Francisco - School of Law), Mark Costanzo (Claremont McKenna College) and Netta Shaked-Schroer (Claremont Graduate University) have posted Psychological and Cultural Aspects of Interrogations and False Confessions: Using Research to Inform Legal Decision-Making (PSYCHOLOGICAL EXPERTISE IN COURT: PSYCHOLOGY IN THE COURTROOM, Daniel A. Krauss, Joes D. Lieberman, eds., Ashgate, 2009) on SSRN. Here is the abstract:
False confessions are a major cause of wrongful convictions. In many countries, physical abuse and torture are still used to extract confessions from criminal suspects. Cultural orientations such as collectivism and power distance may influence the tendency to confess, and a suspect's past experience in a country that uses physical abuse during interrogations may render suspects fearful and more prone to falsely confess. After looking at interrogations outside the United States, we examine the issue of why false confessions sometime occur in the U.S. legal system. We prove an overview of the stages of a typical interrogation and provide a psychological analysis of the array of tactics used by police interrogators. Finally, we describe several reforms that hold the potential to dramatically reduce the risk of false confessions.