Posts Tagged ‘false confessions’

Why Innocent People Confess — Update

Friday, October 8th, 2010

Last month, we wrote a piece here on reasons why innocent people wind up confessing to crimes they didn’t commit.  It’s a horrible thought, yet it happens far too often.  (For tips on defending cases involving a confession, see our CLE lecture over at West Legal Ed Center.)

Anyway, there’s a good article in the latest issue of New York Magazine called “I Did It: Why do people confess to crimes they didn’t commit?”  It’s worth a read, so we figured we’d give you all the link.

Temporary Incomprehension

Monday, October 4th, 2010

The blawgosphere was atwitter recently over that Kentucky murder trial where the defendant had confessed, but claimed it was a false confession, due to “sleep-deprived psychosis” from drinking too much coffee.  The jury didn’t buy it (here’s a short article on it).

Did that case remind anyone else of this short film?

Still Life

It’s no secret that sleep deprivation does crazy things to the brain.  Among other things, it dramatically impairs judgment and cognition, and for this reason has for decades been seen as a highly effective interrogation tool by intelligence agencies around the world.  No matter how well trained, most people are simply going to break after a fairly short period of disorientation and sleep deprivation.  Of course, sleep deprivation also results in hallucinations, extreme discomfort, and memory problems — as well as increased suggestibility — making useful interrogation under such circumstances a job requiring the utmost care and attention.  It’s worse than dealing with a young child (as we all know, children are enormously suggestible, so that their statements can be manipulated unwittingly even by one’s body language and tone of voice).  It’s like questioning a child who is stressing from sheer confusion, and who is also in a hypnotic state.  Suffice it to say that the slightest error by the interrogator can produce completely unreliable results, or at best results that must be artfully interpreted to divine what’s more likely to be the truth.

Suffice it also to say that the vast majority of law enforcement officers do not conduct interrogations with such extreme care.  If any do.

So this this defense, in and of itself, isn’t as laughable as (more…)

Why Innocent People Confess

Tuesday, September 14th, 2010

It should come as no surprise to anyone with any experience in criminal law that perfectly innocent people will sometimes confess to crimes they did not commit.  Perhaps they were in a suggestible state, and the police led them to believe they’d done it.  Maybe they were broken by the interrogation and said whatever the cops wanted to hear, just to end it.  Maybe they didn’t really confess, but had their words taken out of context (or invented) by the cops.  (For tips on defending cases involving a confession, see our CLE lecture over at West Legal Ed Center.)

In recent years, there has been growing attention to the phenomenon of false confessions, and folks have begun investigating the reasons why an innocent person will not only confess to a crime he didn’t commit, but will often do so with such detail that it seems impossible for them not to have committed it.  The New York Times had a decent article yesterday on this very phenomenon.  The article reports on a study by UVA (wahoowa!) law professor Brandon Garrett, into reasons why an innocent person may sometimes confess with extraordinary detail.

To defense lawyers, the new research is eye opening. “In the past, if somebody confessed, that was the end,” said Peter J. Neufeld, a founder of the Innocence Project, an organization based in Manhattan. “You couldn’t imagine going forward.”

The notion that such detailed confessions might be deemed voluntary because the defendants were not beaten or coerced suggests that courts should not simply look at whether confessions are voluntary, Mr. Neufeld said. “They should look at (more…)