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Educing Information: Interrogation - National Intelligence University

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2. Gender: Gudjonsson notes that approximately 85% of persons arrested<br />

and detained at police stations in England are male. 328 However, several British<br />

researchers have found no gender differences with regard to the rate of admissions<br />

and denials. 329 Similarly, Leo found no significant relationship between gender<br />

and likelihood of confession or self-incrimination. 330 On the other hand, another<br />

researcher found a significant gender difference, with females confessing more<br />

commonly than males (73% admission rate of females versus 52% of males). 331<br />

3. Ethnic Differences: Phillips and Brown found that admission rates for<br />

whites, blacks and Asians were 58, 48 and 44% respectively. 332 Interestingly, the<br />

study also reflected that black and Asian detainees were significantly more likely<br />

than whites to request legal advice. Even when the analysis accounted for this<br />

variable, a significant difference remained between the confession rates of black<br />

and white detainees. However, Leo found no significant relationship between race<br />

and likelihood of confession. 333<br />

4. Mental State and Psychological Factors: Although the data is sparse,<br />

Gudjonsson has concluded that the only psychological/mental state factor that<br />

predicts a confession is when suspects admitted to having consumed an illicit<br />

drug 24 hours prior to their arrest. 334<br />

5. Previous Convictions and Confessions: Gudjonsson notes that suspects who<br />

have had several previous convictions are expected to be (a) more likely to know<br />

and assert their legal rights; (b) more familiar with the probable consequences of<br />

making self-incriminating admissions and confessions; and (c) more familiar with<br />

the police environment and interrogations. 335 Consistent with these expectations,<br />

Leo found that suspects with a previous felony record were four times more likely<br />

to invoke their Miranda rights than suspects without previous convictions. 336<br />

Invocation of Mirada rights, in turn, implies the termination of interrogation.<br />

Consistently, Neubauer found that suspects with previous convictions were less<br />

likely to confess to the alleged offense than first offenders. 337 However, other<br />

studies have found no significant relationship between previous convictions and<br />

the rate of confessions. 338<br />

328<br />

Gudjonsson, see note 110, p. 143.<br />

329<br />

See Moston, note 195; also see J. Pearse et al., “Police Interviewing and Psychological<br />

Vulnerabilities: Predicting the Likelihood of a Confession,” Journal of Community and Applied<br />

Social Psychology 8, no. 1 (1998).<br />

330<br />

Leo, see note 110, p. 291.<br />

331<br />

Phillips and Brown, see note 322, p. 105.<br />

332<br />

Id.<br />

333<br />

Leo, see note 110, p. 291.<br />

334<br />

Gudjonsson, see note 110, p. 144.<br />

335<br />

Id.<br />

336<br />

Leo, see note 110, p. 286.<br />

337<br />

Neubauer, see note 326, p. 103.<br />

338<br />

See Leiken, note 316; Phillips and Brown, note 319; M. Zander, “The Investigation of Crime:<br />

A Study of Cases Tried at the Old Bailey,” Criminal Law Review (1979), 203-219.<br />

169

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