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26 Cards in this Set

  • Front
  • Back
Fundamental Attribution Error
Tendency to overemphasis dispositional(personal) explanations for individuals behavior while minimizing situational (enviro) causes
cCanadian Charter; Miranda v Arizona
1966
Police must inform suspects of their legal rights before interrogation
-warning strenghtens protection against self-incrimination during interrogation
--right to remain silent
-- anything you say can and will be used against you in a court of law
---right to presence of an attorney & free counsel if required
True of False; Interrogation must cease if suspect invokes right to counsel before or during questioning
True
True or False; Miranda specifically notes that rights do not need to be waived voluntarily, knowingly and intelligently for a confessions to be considered valid
False
Why do only 1/5 suspects exercise rights?
- detectives de-emphasize warnings
-innocent suspects want to show they have nothing to hide
-guilty suspects dont want to appear uncooperative
-may no fully appreciate they are waiving their rights
What are some factors that contribute to or cause false confessions?
-use of force by law enforcements during interrogation, or perceived threat of force
-compromising reasoning abilities of the suspects, due to exhaustion, stress, hunger, substance use and in some cases mental limitations or limited education.
-devious interrogation techniques; untrue statements about presence of incriminating evidence
-fear on the part of the suspect, that failure to confess will yield to harsher punishments.
What are the 3 stages of Reid Model of Interrogation technique?
1. Gather evidence
2. Conduct a non-accusatorial interview to assess guilt
3. Conduct an accusatorial interrogation to obtain a confession
---- stage 3 involves 9 steps
Can detectives detect deception?
- even w/ training accuracy is only slightly better than with chance
-police are no more accurate than lay person, but are more confident
What is the psychology behind the Reid model of interrogation?
make the anxiety associated with not confessing to the crime greater than the anxiety related to the consequences of confessing
The 9 step method is designed to elicit a confession by....?
-Breaking down a suspect's resistance, causing him to feel trapped and hopeless
-offering him reasons to confess that appear to improve his situations by minimizing culpability he is confesses and making his situations worse if he holds to denial
What are the maximization and minimization techniques of interrogation?
Maximization: scare tactics
-emphasize seriousness of offense/charges
-make false/exaggerated claims about evidence

Minimization: provides false sense of security
-face saving excuses, moral justification
-blame victim, downplay seriousness of charges
False Confession
Occurs when an individual confesses to a crime they did not commit or exaggerates their involvement in a crime they did commit
Voluntary False Confessions
occurs without being prompted by police
-can result from a desire for notoriety, an inability to distinguish fact from fantasy, protect real offender, need to be punished.
Coerced- Compliant False Confession
Occurs in response to a desire to escape further interrogation or to gain a promised reward
-The confessors know that they DID NOT commit the crime
Coerced-Internalized False Confession
Resulting from an highly suggestive interrogation
-Confessor comes to believe that they did commit the crime
-Some are more susceptible to this type of confession (e.g., learning disabilities)
Compliance
tendency to go along with people in authority
-factor in coerced-compliant false confessions
Suggestibility
tendency to internalize information communicated during questioning
-related to coerced-internalized confessions
What does the Gudjosson Compliance Scale (GCS) measure?
the tendency of compliance with requests/obeying instructions for instrumental gain
-Indicates : susceptibility to pressures from others to commit an offense
What does the Gudjosson suggestibility scale measure?
Measures 2 facets of interrogative suggestibility
-tendency to yield to misleading questions
-tendency to shift answer after receiving negative feedback
The role of compliance and suggestibility
-Children are more suggestible; suggestibility decrease as age increase
- possibly related to likelihood of false confessions (alt key + comp crash)
-related to rights comprehensions as they are more susceptible to waive rights also at increased risk for false confessions
What are recommendations for reducing false confessions
-Innocence projects recommends video taping entire custodial interrogation
- evaluate suspects post-adminisson narrative to determine consistency with case facts
-forbid coercive techniques (england did)
-allow expert testimony about research on false confessions
What is required for confessions to be admissible in court?
-Given voluntarily
-Given by a person who is competent
- cannot be obtained through the use of overtly/subtle coercive tactics
Youth Capacity in understanding arrest rights
-age of suspect may require special protection
-likelihood of false confessions higher for youth
Are youth able to waive their rights?
-Cannot see long term consequences of their decisions, just immediate ones.
when asked what the consequences of waiving or asserting rights to silence when questioned by police
-Most common answer "They might send me home tonight i say i did it"
Ontario juvenile warning
8th grade reading level
Presence of parents as substitute for lawyers ?
- parents may not understand rights, pressure youths to talk to polie, encourage them to cooperate
-majority of parents wanted youth to confess
-NO parents, in a study, told youth to remain silent and seek counsel.