Craig Prince
Most people would be surprised to learn that there are individuals that confess to crimes that they did not commit. While a few such cases have been found in New Zealand, the extreme nature of such events has been particularly highlighted in the US where an alarming number of “offenders” have been convicted of severe crimes like murder, only to be exonerated later through DNA evidence. While severe offences may receive post-conviction scrutiny and lead to exoneration, unfortunately, many minor crimes escape such scrutiny.
The groups most likely to confess during police interviews are juveniles, people with intellectual disability, and those with mental illness. Adolescents may be more inclined to immature and impulsive decision-making, less inclined to consider long-term consequences, and succumb to the pressure of those in authority. Those with intellectual disabilities may be more inclined to feign competence, attempt to please those in authority, display poor memory, and accept blame for negative outcomes. People with mental disorders (such as ADHD, depression, and trauma) may be more inclined to suffer from impaired judgement, anxiety, impulsivity, and a desire to flee the stress associated with being interviewed by police.
Police interrogation of a potential suspect occurs after detectives have conducted an initial investigation and determined with some certainty that the suspect to be questioned committed the crime. While evidence may appear conclusive in many cases, on other occasions, police are acting on a hunch. For this reason, police interrogation is designed to be stress-inducing, with suspects coming to accept the futility of denying their alleged offences.
Suspects are read their rights and then subjected to a number of interrogation tactics designed to elicit the required information. Forms of trickery and deception, although controversial, can be used, and are especially likely in cases of false confessions (for example, when false evidence is cited). Obviously, the above-mentioned vulnerable populations may be less inclined to fully understand their rights and to cope with the pressures associated with the complex and abstract nature of interrogations.
One danger of confessing to a crime that one did not commit, is that police may stop looking for alternative evidence or an alternative perpetrator once an individual confesses to the crime. Not surprisingly, a confession is very damaging to a suspect’s case and is difficult to overturn, despite there being evidence in the suspect’s favour.
In an attempt to make interrogations more transparent, the police are more frequently relying on videotaped evidence of interviews. The UK has seen it become mandatory to record all police interviews. Advantages of this technique include: minimising the likelihood of coercive techniques; providing an objective and accurate record of events to judges and juries; reducing the time detectives spend in court defending their interrogation practices; and increased public trust in the police.
Further, police should receive training in dealing with vulnerable populations and should encourage the presence of an attorney or other responsible adult during the interview. While some of these reforms have occurred in New Zealand, unfortunately, many police interviews are still not video-recorded (especially pertaining to more minor crimes) and responsible others are not always used to advocate on a vulnerable suspect’s behalf.
It is proposed that all police interviews are videotaped. In the meantime, vulnerable people and their carers should be aware of these potential pitfalls and seek help where possible when facing a police interview.
Craig Prince is a clinical psychologist who specialises in the assessment of a range of people facing criminal or civil proceedings and who are likely to appear before the Court or Parole Board. For more information about Craig and his work, see www.christchurchpsychology.co.nz
