False Confession (FC) - By W A L S Imali
Confession. (ca.). Mmdservices. https://www.mmdtech.com/wp-content/uploads/interrogation2.jpg
A false confession (FC) in the context of psychology and law enforcement, refers to a
situation in which a person admits to a crime they did not commit. Several psychological
researchers argue that innocent people may now be even more susceptible to falsely confessing
during a police interrogation Kassin (1997). False confessions (FCs) can often be a result of
forceful questioning techniques or tactics that may cause the individual to feel pressured or
confused, leading them to make a confession that is not true. From a legal perspective, FCs pose
significant challenges. They can lead to wrongful beliefs, depriving innocent individuals of their
freedom and potentially allowing the real perpetrators to remain unidentified and unpunished.
FCs can also impact the integrity and reliability of the criminal justice system (Furman, 2003).
Understanding the psychological factors that contribute to FCs is crucial in addressing
this problem. By critically analyzing research evidence, we can gain insights into the complex
interplay of various factors and suggest remedial measures to overcome these challenges.
Several cognitive and personality characteristics can influence the likelihood of a person
issuing a FC. People with cognitive impairments, including intellectual disability are more
likely to give FCs. This is because they might have difficulty understanding the implications of
confession, the right to remain silent or may be more susceptible to authoritative pressure. A
study by Gudjonsson et al. (2012) found that a learning disability was a significant risk factor
for FCs. Persons with conduct/antisocial personality disorder are considered vulnerable to
giving FCs due to their disregard for telling the truth and delinquent lifestyle (Gudjonsson,
2003).
People with low self-esteem or high levels of compliance might be more likely to falsely
confess. Individuals who are highly susceptible tend to have poor memories, high levels of
anxiety, low self-esteem and low confidence which also make them more vulnerable to the
pressures of interrogation and thus more likely to confess falsely (Kassin & Gudjonsson, 2004).
They often want to please others (including police officers) and might confess to comfort in
immediate stress or conflict. Gudjonsson (2003) found that compliant personality types are
more likely to falsely confess.
Several studies have shown that sleep deprivation can lead to an increased risk of FCs.
For example, Frenda et al. (2016) demonstrated that sleep-deprived participants falsely admit to
wrongdoing that never occurred and are more likely to sign FCs.
Confession is a process where recalling some memories can make related but unrecalled
memories harder to remember. If during an interview, a suspect is repeatedly asked to recall
certain details, they may end up forgetting other details (Anderson et al., 1994). If the forgotten
details are then filled in with misinformation, this can lead to a FC.
Individuals suffering from mental health issues like depression, anxiety or phobia may
be more vulnerable to providing a FC. This can be due to a variety of reasons, including a desire
to end a stressful situation, confusion or a flawed understanding of reality. A study by Iliya et al.
(2022) found anxiety and stress have significant relationships with FCs among suspects in
police custody and they recommend police officers should be sensitive to the fact suspects
might give confessions as a result of anxiety and stress.
Even though there's a complex relationship between psychological factors and FCs. It's
important to note that while such factors can contribute to FCs, they don't always do so and not
all individuals with these characteristics will falsely confess.
Factors such as the nature of the disability or illness, the severity of the condition, the
individual's understanding of the situation and the specific circumstances of the interrogation all
contribute to the likelihood of a FC. Socio-cultural factors also play a role in FCs. Societies with
high power, where individuals accept authority figures and observe a lack of alternatives, may
be more prone to FCs due to fear or pressure (Narchet et al., 2011). Cultural norms, beliefs, and
societal expectations can influence individuals' responses during interrogations. Recognizing the
impact of socio-cultural factors is crucial in understanding the context in which FCs occur.
To address and prevent FCs, legal systems have implemented safeguards, such as
recording interrogations, understanding and accommodating Vulnerable Populations, use of
scientifically validated interrogation techniques, providing access to legal counsel and raising
awareness about the causes and consequences of FCs. Psychological research on FCs has played
a crucial role in informing these legal reforms and promoting fair and accurate investigative
practices.
To overcome the challenges associated with FCs, several remedial measures can be
considered.
Numerous studies have shown that recording interrogations can serve as a powerful tool
for preventing and identifying FCs. For instance, a meta-analysis conducted by Kassin et al.
(2010) examined 81 cases involving FCs and found that recording interrogations reduced the
risk of FCs by approximately 81%. The visual and audio documentation of the entire
interrogation process allows for a thorough evaluation of the tactics employed by law
enforcement and helps to determine the voluntariness and reliability of a confession. It also
provides a valuable record that can be analyzed by experts, judges and juries during legal
proceedings.
Providing comprehensive training to law enforcement personnel is crucial for
minimizing the occurrence of FCs. Training programs should educate officers about the psychological factors that contribute to FCs, such as suggestibility, compliance and the impact
of interrogation techniques. Research by Kassin and Gudjonsson (2004) highlights the
importance of training police officers to recognize the potential consequences of using
psychologically forced tactics during interrogations. By promoting ethical and effective
interrogation strategies, officers can reduce the risk of inducing FCs and improve the reliability
of evidence.
Minimizing suggestive techniques should be avoided by interrogators which leads a
suspect to provide a FC. The use of leading questions, false evidence or promises of kindness
challenges the integrity of the confession and increases the likelihood of an inaccurate
admission of guilt. Studies have consistently demonstrated the significance of minimizing
suggestive techniques during interrogations. Gudjonsson (2003) found that reducing the use of
leading questions and manipulative tactics can substantially decrease the risk of FCs. Instead,
interrogators should employ open-ended questions and focus on obtaining accurate and reliable
information.
An information-gathering approach is a rapport-building method designed to elicit
narrative accounts from suspects. Research shows that this method can reduce the likelihood of
FCs compared to critical, pressure-filled interviews, as it focuses on understanding the suspect's
perspective and story rather than forcing a confession. According to a study Vrij et al. (2014),
two interview styles encourage suspects to talk: An information-gathering style seeks to
establish rapport with interviewees and uses open-ended exploratory questions to elicit
information and establish guilt.
Increasing cognitive load can make it more difficult for someone to maintain a
fabricated story. Techniques might include asking individuals to recall events in reverse order or
asking them to multitask while answering questions. However, caution should be exercised with
this approach as it can potentially lead to confabulation, especially in vulnerable individuals. A
meta-analysis of the cognitive lie detection approach, including 38 studies of which 11 reported
accuracy rates, revealed a superior lie detection rate in the cognitive load interviews (72%)
compared with the standard interviews (58%) (Vrij et al., 2014).
However, it is always important to consider cultural, social and legal factors when
applying these techniques in different contexts.
References
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Confession. (ca.). Mmdservices. https://www.mmdtech.com/wp-content/uploads/interrogation2.jpg
Frenda, S. J., Berkowitz, S. S., Loftus, E. F., & Fenn, K. M. (2016). Sleep deprivation and false
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