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The Identification and Measurement of ‘Oppressive’ Police Interviewing Tactics 77 tactics that seek to maximize or exaggerate the strength of the evidence against the suspect, or that seek to minimize the suspect’s responsibility or role in the offence, would be present. Thus, the more manipulative and coercive the tactics, the greater the likelihood that the accompanying confession would be ruled inadmissible by the court. THE CASES ANALYSED Assembling a suitable group of cases was not a simple matter as there were a number of key criteria that had to be present. All suspects had to initially deny the allegation against them, and then, on audiotape, change their mind and make a confession. It was not acceptable for the confession to be made following an extensive break in the interview procedure (e.g. after a night’s rest or on the suspect’s return from a visit to the scene). This condition ensured that it was possible to capture the actual confession process: in other words, identifying, in controlled conditions, what was taking place leading up to and immediately before a confession was made. This requirement proved very difficult to comply with as (contrary to public opinion) there are actually very few adequately recorded examples where suspects are persuaded to change their mind during the course of a police interview (Baldwin, 1993; Moston, Stephenson & Williamson, 1992; Pearse & Gudjonsson, 1996a). Therefore, the cases presented are rather rare, but importantly they do demonstrate the process whereby suspects break down during an interview rather than before or between interviews. All the defendants had been assessed by a clinical psychologist prior to the study for the purposes of a Court Report and in some of the cases expert testimony had been given. Nineteen of the cases were from Gudjonsson’s case files and one case was from a colleague’s case file. A summary of the case details is provided in Table 4.1. The mean interviewing time for all 20 cases was 2 hours 16 minutes, with a range of 22 minutes to 12 hours 42 minutes. These were much longer interviews than have been reported for general or ‘run-of-the-mill’ cases (Baldwin, 1993; Williamson, 1990) and considerably longer than the mean interviewing time of 22 minutes recorded in our Royal Commission study (Pearse & Gudjonsson, 1996a). There were a total of 46 officers present in an interviewing capacity. 43 (93%) were male and three (7%) were female. Of this number, 40 (87%) were detectives and six (13%) were uniformed officers. The proportion of detectives and the inclusion of a number of more senior officers are thought to reflect the serious nature of the crimes under investigation. Interestingly, there was only one case where an officer interviewed alone in our sample, whereas Leo (1996a) found that a single officer conducted 70% of interviews in his American sample. Given the resource implications for police forces everywhere, this is clearly an area that warrants additional field research. To help us understand what is going on in a police interview it is important not to lose sight of the context of each case. This will include the nature of the allegation, the criminal experience (or lack of it) of the suspect and the presence or absence of other parties. Although we are primarily concerned with
78 A Psychology of Interrogations and Confessions Table 4.1. Twenty serious criminal cases Nature and year Suspect details of case Interview details Outcome of case 1. M (18) Burglary (with intent to rape). 1994 2. M (19) Attempted rape, indecent assault. 1994 66 min—Legal adviser present 72 min—legal adviser present 3. M (15) Rape. 1992 24 min—AA and legal adviser present 4. M (54) Buggery. 1992. 62 min—legal 5. M (18) Rape and indecent assault. 1991 adviser present 2 h 29 min—no other party 6. M (32) Buggery. 1992 74 min—legal adviser present 7. M (55) Incest. 1994 86 min—legal adviser present 8. M (22) Arson. 1992 2 h 18 min—only AA present 9. M (18) Arson. 1991 30 min—no other party 10. M (18) Arson. 1993 47 min—legal adviser present 11. M (24) Arson. 1995 94 min—only AA present 12. F (26) Attempt pervert 1 h 49 min—only course justice. 1992 AA present 13. M (23) Armed robbery. 86 min—legal 1992 adviser present 14. M (38) Armed robbery. 66 min– 1992 2 days—no other party 15. M (18) Robbery. 1996 35 min—no other party 16. M (24) Blackmail. 1995 43 min—no other party 17. F (18) Murder. 1993 4 h 15–2 days—AA and legal adviser 18. M (20) Murder. 1995 61 min—AA and legal adviser 19. M (23) (Heron) Murder. 1992 7 h 48 min–3 days—legal adviser present 20. M (22) (Miller) Murder. 1988 12 h 42 min–5 days—legal adviser present Guilty—burglary. Hospital Order Found not guilty Not guilty, interview ruled oppressive Plea of guilty. 8 years imprisonment Guilty—indecent assault. 3 years detention Guilty—indecent assault. 2 years imprisonment Found guilty. 6.5 years imprisonment Interview not reliable. Withdrawn Case dismissed. Interview oppressive Interview not reliable. Withdrawn Not guilty—jury verdict Plea of guilty. 2 years probation Case dismissed. Interview oppressive Not guilty, interview inadmissible, no AA Pleaded guilty. 3 years detention Bound over to keep the peace (£150) Guilty—manslaughter. 3 years probation Guilty—manslaughter. Hospital Order Not guilty, directions of trial judge. Interviews oppressive Appeal Court ruled interviews oppressive. Conviction quashed
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The Psychology of Interrogations an
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The Psychology of Interrogations an
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þora Hannesdottir (b. 2.6.1918, d.
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viii Contents General Conclusions 7
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x Contents External Evaluation of t
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xii Contents Henry Lee Lucas 554 Jo
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Series Preface The Wiley Series in
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Preface The Psychology of Interroga
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Acknowledgements I am grateful to P
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2 A Psychology of Interrogations an
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4 A Psychology of Interrogations an
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CHAPTER 1 Interrogation Tactics and
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Interrogation Tactics and Technique
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Page 48 and 49: Interrogation Tactics and Technique
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Page 64 and 65: Interrogation in Britain 43 SOFTLEY
Page 66 and 67: Interrogation in Britain 45 note ta
Page 68 and 69: Interrogation in Britain 47 The wor
Page 70 and 71: Interrogation in Britain 49 real st
Page 72 and 73: Interrogation in Britain 51 BRITISH
Page 74 and 75: Interrogation in Britain 53 (R. v.
Page 76 and 77: Interrogation in Britain 55 influen
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Page 138 and 139: Why do Suspects Confess? Theories 1
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Why do Suspects Confess? Theories 1
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Why do Suspects Confess? Theories 1
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Why do Suspects Confess? Empirical
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Table 6.1. The proportion of suspec
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Miscarriages of Justice and False C
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CHAPTER 8 The Psychology of False C
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The Psychology of False Confession:
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They state: The Psychology of False
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CHAPTER 9 The Psychology of False C
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CHAPTER 10 The English Law on Confe
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The English Law on Confessions 249
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CHAPTER 11 The American Law on Conf
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The American Law on Confessions 285
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The Psychological Assessment 309 TH
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The Psychological Assessment 311 ps
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The Psychological Assessment 313 an
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The Psychological Assessment 315 im
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The Psychological Assessment 317 Ta
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The Psychological Assessment 321 as
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The Psychological Assessment 323 ad
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The Psychological Assessment 325 in
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The Psychological Assessment 331 as
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Suggestibility: Historical and Theo
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Suggestibility: Empirical Findings
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CHAPTER 15 The Effects of Drugs and
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The Effects of Drugs and Alcohol up
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Score 30 29 28 27 26 25 24 23 The E
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CHAPTER 16 The Court of Appeal In E
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Table 16.1. Some leading British co
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The Court of Appeal 441 individuals
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The Court of Appeal 443 experience
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CHAPTER 17 The ‘Guildford Four’
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The ‘Guildford Four’ and the
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Psychological Vulnerability 459 Bac
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Psychological Vulnerability 461 In
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Psychological Vulnerability 463 to
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Psychological Vulnerability 465 the
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Psychological Vulnerability 467 How
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Psychological Vulnerability 469 hav
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Psychological Vulnerability 471 Pri
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Psychological Vulnerability 473 due
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Psychological Vulnerability 475 mar
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Psychological Vulnerability 477 he
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Psychological Vulnerability 479 Com
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Psychological Vulnerability 481 and
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Psychological Vulnerability 483 Acc
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Psychological Vulnerability 485 pro
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Psychological Vulnerability 487 to
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Psychological Formulation Psycholog
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Psychological Vulnerability 491 (I
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Psychological Vulnerability 493 pro
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Psychological Vulnerability 499 Com
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Psychological Vulnerability 503 nor
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Psychological Vulnerability 507 Fel
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Psychological Vulnerability 509 int
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Psychological Vulnerability 511 The
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Psychological Vulnerability 513 did
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Police Impropriety 515 STEPHEN MILL
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Police Impropriety 517 It is fair t
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Police Impropriety 519 THE CARL BRI
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Police Impropriety 521 mental capac
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CHAPTER 20 Misleading Special Knowl
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Misleading Special Knowledge 525 to
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Misleading Special Knowledge 527 Th
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Misleading Special Knowledge 529
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Misleading Special Knowledge 531 th
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Misleading Special Knowledge 535 ex
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Misleading Special Knowledge 537 CO
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CHAPTER 21 Four High Profile Americ
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Four High Profile American Cases 54
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4 December Four High Profile Americ
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CHAPTER 22 Canadian and Israeli Cas
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Canadian and Israeli Cases 575 fema
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Canadian and Israeli Cases 577 pers
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Canadian and Israeli Cases 579 also
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Canadian and Israeli Cases 581 the
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Canadian and Israeli Cases 583 revi
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Canadian and Israeli Cases 585 had
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Canadian and Israeli Cases 587 Thes
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Canadian and Israeli Cases 589 and
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Murder in Norway 591 centre and the
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Murder in Norway 593 informing the
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Murder in Norway 595 (MMPI; Hathawa
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Murder in Norway 597 to testify. Th
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Murder in Norway 599 were highly el
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Murder in Norway 601 not want to
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Murder in Norway 603 Officer E told
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Murder in Norway 605 being a crimin
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Murder in Norway 607 Mr A that were
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Murder in Norway 609 interviewed by
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Murder in Norway 611 (approximately
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Murder in Norway 613 False Belief V
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Conclusions GENERAL COMMENTS AND CO
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Conclusions 617 Outside England and
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Conclusions 619 � Regular use of
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Conclusions 621 The focus in this b
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Conclusions 623 interviews were gen
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Conclusions 625 The reasons why peo
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Conclusions 627 Only one study has
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A Psychology of Interrogations and
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References Abed, R.T. (1995). Volun
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References 633 Billings, A.G. & Moo
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References 635 Cardone, D. & Dent,
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References 637 Craft, M. (1984). Lo
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References 639 Farber, I.E., Harlow
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References 641 Grisso, T. (1998a).
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References 643 Gudjonsson, G.H. (19
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References 645 Gudjonsson, G.H. & S
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References 647 Hunter, E. (1951). B
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References 649 Konoske, P., Staple,
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References 651 Matarazzo, J.D. (197
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References 653 Moston, S. & Stephen
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References 655 Pope, K.S. & Brown,
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References 657 Santtila, P., Ekholm
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References 659 Stark, M. (1994). Ma
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References 661 Walker, C. (1999c).
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Abed, R.T., 197 Abramson, L.Y., 343
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Dent, H., 318, 325, 410 Dession, G.
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Isaacs, B.J., 318 Izard, C.E., 427
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Pear, T.H., 345 Pearse J., 22, 27,
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Wallington, S.A., 375, 376 Walsh, D
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Armstrong, Paddy, 446, 447, 448, 44
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discrepancy detection, 200, 335, 35
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Hall, Darren, 442, 443, 495-9 Hall,
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McKinnon, Gil, QC 579 McNamara, His
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property offenders, confession and,
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sleep deprivation, 31, 389-90 rapid
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