Interrogations-and-Confessions-Handbook

CHAPTER 5
Why do Suspects Confess? Theories
Serious consequences normally follow from a self-incriminating admission or
confession. The more serious the crime the more severe the consequences are
likely to be for the offender concerned. Commonly, the offenders’ self-esteem
and integrity are adversely affected, their freedom and liberty are at stake
and there may be financial or other penalties. Bearing in mind the potentially
serious consequences of confessing to the police it is perhaps surprising to
find that a substantial proportion of all suspects confess during custodial
interrogation. The frequency with which suspects confess, and the empirical
evidence relating to confessions, will be discussed in Chapter 6. The purpose
of this chapter is to discuss the factors that inhibit suspects from confessing,
and provide the reader with theoretical models that help to explain why people
confess to crime either spontaneously, or for which they are being interrogated.
It will become evident that there are varied reasons why suspects confess,
and often a combination of factors needs to be considered. These relate to the
circumstances and characteristics of the case, police behaviour and custodial
factors and the attitude, personality and experiences of the suspect.
FACTORS INHIBITING CONFESSION
There are a number of factors that make it difficult for people to confess to
crimes they have committed. This is not surprising when one considers the
potential consequences of confessing for the offender and his family. Some
of the most important potential consequences of confessing to a crime are as
follows.
i. Fear of legal sanctions. All crimes carry the possibility of a certain penalty.
The range of penalties and sentencing options varies considerably from
one country to another, but in general the more serious the offence the
greater the punishment is likely to be (Eysenck & Gudjonsson, 1989). Most
criminal offences carry the possibility of a prison sentence, which means
the loss of liberty for a certain amount of time. In many countries the most
serious offences are subject to a mandatory prison sentence or even the
death penalty. Another consequence of a criminal conviction, which may
inhibit some first-time offenders from confessing, is the thought of having