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Educing Information: Interrogation - National Intelligence University

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that it is necessary to ask the questions again. The person is also asked to be<br />

more accurate than before. Any change in the person’s answers is noted as a<br />

“shift.” The extent to which people give in to the misleading questions is scored<br />

as “yield.” “Yield” and “shift” are typically added together to make up “total<br />

suggestibility.” 290 According to Gudjonsson, two studies have shown that “it is<br />

possible to manipulate the expectations of the subjects (as described above) prior<br />

to interrogation in order to reduce or enhance suggestibility.” 291<br />

In Gudjonsson and Hilton’s study, a significant difference in suggestibility<br />

was found between three groups of people who were given different instructions<br />

about their expected performance. 292 One group of people (the “High expectation<br />

group”) was told that they were expected to remember most of the story and give<br />

definite answers to all the questions. The second group was given no instructions<br />

about their expected performance. The third group (the “Low expectation group”)<br />

was told that they were not expected to find a definite answer to all the questions.<br />

The most important implication of this finding for police interrogation is that<br />

interrogators “should be aware that certain expectations communicated to subjects<br />

prior to or during the interview can markedly affect the accuracy of the information<br />

obtained.” 293 Gudjonsson also has noted that interrogative suggestibility “is<br />

significantly related to the coping strategies that subjects report using during the<br />

test.” 294 According to his findings, subjects who proved most suggestible “tended<br />

to use ‘avoidance’ coping during the interrogation.” 295 Gudjonsson notes that this<br />

means that they failed “to evaluate each question critically and gave answers that...<br />

seemed plausible and consistent with the external cues provided.” 296 In contrast,<br />

non-suggestible subjects “were able to adopt a critical analysis of the situation<br />

which facilitated the accuracy of their answers.” 297<br />

Section 2. Empirical Findings<br />

Most of the recent empirical studies on confessions have been conducted in<br />

England. 298 With the exception of the 1996 study by Richard Leo discussed below,<br />

most of the U.S. studies date back to the 1960s and have largely focused on<br />

studying the effects of the Miranda ruling on the frequency with which suspects<br />

waive their rights and confess.<br />

How Often Do Suspects Confess<br />

Research shows that many suspects interrogated at police stations confess<br />

to the crime of which they are accused and that a further proportion make<br />

290<br />

Id., p. 283.<br />

291<br />

Id., p. 284.<br />

292<br />

Gisli H. Gudjonsson and M. Hilton, “The Effects of Instructional Manipulation on Interrogative<br />

Suggestibility,” Social Behaviour 4 (1989), 189-93.<br />

293<br />

Gudjonsson, see note 253, p. 285.<br />

294<br />

Id.<br />

295<br />

Id.<br />

296<br />

Id.<br />

297<br />

Id.<br />

298<br />

Gudjonsson, see note 110, p. 130.<br />

163

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