Educing Information: Interrogation - National Intelligence University

Factors Inhibiting Confession
Gisli Gudjonsson identifies five factors that make it difficult for people to
confess to crimes they have committed. The first is the fear of legal sanctions. 112
Generally, the severity of the potential sanction is directly proportional to the
seriousness of the offense and, as mentioned above, may include financial
sanctions, deprivation of liberty, and even the death penalty. Additionally, the
mere possibility of having a criminal record may be a powerful inhibitory force
for first-time offenders. 113 Second, Gudjonsson points to reputational concerns
as a factor that may inhibit suspects from confessing. 114 He suggests that the
higher the person’s standing in the community, the greater his or her reluctance
to confess. 115 Third, Gudjonsson notes that an individual’s resistance to admit to
him or herself what he or she has done may also hinder confessions. 116 Thus, the
more reprehensible the offense, the more likely offenders are to exercise denial
when interrogated. 117 Fourth and somewhat related, a subject’s desire to keep his
or her family and friends ignorant about the crime may also affect his or her
willingness to confess. 118 Finally, fear of retaliation, whether real or perceived,
may influence a subject’s decision. 119 In this context, a suspect may implicate
others by confessing to a crime and, fearing retaliation, may thus refuse to confess.
Indeed, Gudjonsson notes that in some cases the fear of retaliation may be greater
than the fear of legal sanctions. 120
Theoretical Models of Confession
A review of the available literature on interrogations and confessions reveals
various theoretical explanations of why suspects confess during custodial
interrogations. The following models examine confessions from different
perspectives and, taken together, provide important insights into the subject. 121
The Reid Model
Drawing on the nine steps of interrogation devised by Inbau et al., Jayne
provides a theoretical-psychological model for the so-called Reid Technique. 122
This model conceives of an interrogation as the psychological undoing of
deception. 123 According to Jayne, in the context of criminal interrogation deception
can be defined as “a selected behavior of distorting or denying the truth for the
112
Id.
113
Id.
114
Id., p. 116.
115
Id.
116
Id.
117
Id.
118
Id., p. 116.
119
Id.
120
Id.
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Id., p. 117.
122
Brian C. Jayne, “The Psychological Principles of Criminal Interrogation,” in Fred E. Inbau, et.
al., Criminal Interrogation and Confessions, 3 rd edition (Baltimore, MD: Williams and Wilkins, 1986),
327-347. For a full explanation of the practical aspects of the Reid Technique, see discussion below.
123
Jayne, p. 327.
145