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Educing Information: Interrogation - National Intelligence University

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are not based on what is objectively likely to happen, but on what the suspect<br />

believes at the time to be the likely consequences.<br />

Hilgendorf and Irving argue that threats and inducements, even when slight<br />

and implicit, can markedly influence the suspect’s decision to confess because of<br />

the perceived power the police have over the situation and the apparent credibility<br />

of their words. Similarly, they point to a number of social, psychological, and<br />

environmental factors that can affect or seriously impair the suspect’s decision<br />

making during police interrogation. The most salient factors as listed by<br />

Gudjonsson are as follows: 181<br />

• The police can manipulate the social and self-approval utilities (like the<br />

suspect’s feelings of competence and self-esteem) during interrogation<br />

in order to influence his decision-making.<br />

• The interrogators can manipulate the suspect’s perceptions of the likely<br />

outcome concerning a given course of action. For example, interrogators<br />

can minimize the seriousness of the offense.<br />

• Interrogators can impair the suspect’s ability to cope with information<br />

processing and decision-making through various means like social,<br />

psychological and environmental manipulation.<br />

Hilgendorf and Irving conclude that, given the interrogator’s considerable<br />

authority, the interrogation situation puts strong pressure on suspects to place<br />

excessive emphasis in their decision making on the approval or disapproval of<br />

the interrogator, and to be extremely sensitive to all communications, both verbal<br />

and non-verbal, that they receive from the interrogator. 182 Physical confinement<br />

supports and facilitates these pressures, and the effect becomes more pronounced<br />

the longer the detention lasts. The combined effect of these pressures and other<br />

forms of environmental and situational stress inherent in custodial interrogations<br />

can adversely affect “efficient performance on the complex decision-making task”<br />

confronting interrogation subjects. 183<br />

Psychoanalytic Model<br />

Gudjonsson points out that this model rests upon the assumption that “the<br />

feeling of guilt is the fundamental cause of confessions.” 184 Based on Freudian<br />

concepts of the id and ego, Reik’s work attempts to show that the unconscious<br />

compulsion to confess plays a seminal role in crime. 185 According to Reik, a<br />

confession is “an attempt at reconciliation that the superego undertakes in order<br />

to settle the quarrel between the ego and the id.” 186 Thus, a confession primarily<br />

serves the role of relieving people of the overwhelming feeling of guilt occasioned<br />

181<br />

Gudjonsson, see note 110, p. 122.<br />

182<br />

Hilgendorf and Irving, see note 173, p. 81.<br />

183<br />

Id.<br />

184<br />

Gudjonsson, see note 110, p. 122.<br />

185<br />

Theodor Reik, The Compulsion to Confess: On the Psychoanalysis of Crime and Punishment,<br />

translated by Katherine Jones (New York: Farrar, Straus and Cudahy, 1959).<br />

186<br />

Id., p. 216.<br />

151

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