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Educing Information: Interrogation - National Intelligence University

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observe how that changes once certain stimuli are introduced such as challenging<br />

questions and presentation of evidence.<br />

Securing the Confession<br />

Step 9 of the Reid Technique covers “Converting an Oral Confession into<br />

a Written Confession.” The authors recommend several techniques that lead to<br />

confessions that will stand up both to the legal and practical requirements of the<br />

judicial system: the use of readable and understandable language, avoidance of<br />

leading questions (if the confession is a question-and-answer type), use of the<br />

confessor’s own language, inclusion of personal history, inclusion of intentional<br />

errors for correction by the confessor, a reading and signing of the confession<br />

with witnesses, only one written confession, and confinement of the confession<br />

to one crime. 563 Aubry recommends similar steps with no material variations. 564<br />

Because there seems to be consensus on this point, Inbau et al.’s text can stand<br />

alone without further discussion.<br />

Section 4. How an <strong>Interrogation</strong> Can “Go Wrong”<br />

Finally, it is worth considering how an interrogation can “go wrong.” An<br />

interrogation that has gone wrong is one that either elicits false information that<br />

the interrogator believes is true, or that has negative, long-term effects on the<br />

suspect or societal perceptions of law enforcement. Gudjonsson identifies several<br />

ways an interrogation can “go wrong,” many of which echo the warnings of Inbau<br />

et al., Aubry, and Royal and Schutt’s guidelines for interrogation:<br />

• False confessions due to coercion,<br />

• Inadmissible confessions,<br />

• Coerced confessions resulting in resentment,<br />

• Coercion resulting in post-traumatic stress disorder,<br />

• Undermining public confidence, and<br />

• “Boomerang Effect.” 565<br />

False confessions may result where interrogators assume the suspect is guilty,<br />

either by approaching the interrogation with pre-set assumptions or placing too<br />

much blind faith in their ability to detect deception. 566 “The greater the pressure<br />

during interrogation, the greater the likelihood of false confessions.” 567 Of course,<br />

a false confession is not only useless, but also actually harms the investigation, as<br />

the real perpetrator remains free and the investigation is closed. In addition, once<br />

word emerges of overly coercive interrogation techniques, public confidence<br />

563<br />

Inbau, see note 109, p. 377-389.<br />

564<br />

Aubry and Caputo, see note 406, p. 195-207.<br />

565<br />

Gudjonsson, see note 110, p. 34-36.<br />

566<br />

Id., p. 34.<br />

567<br />

Id.<br />

200

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