YOURE A _ING LIAR AND YOURE GONNA FRY IN THE ELECTRIC CHAIR UNLESS YOU TELL THE TRUTH

mattj

blatant Nintendo fanboy
http://latimesblogs.latimes.com/nationnow/2011/12/barry-beach-released-montana.html

Anyone who has read my posts knows that I generally do not favor conspiracy theories.

I've been a huge fan of reality crime shows for a few years now. I've watched all 10 seasons of First 48 and continue to watch various other reality crime shows on Netflix and elsewhere. I think its seeing justice prevail and criminals get what they deserve that draws me the most.

One thing I always used to love to see was when the Police Interrogator would press and press and press someone who they had solid evidence on until they finally, (head in hands), confessed to their crimes. My wife and I used to laugh at how on First 48, down in Miami they had a veteran interrogator who's first name was literally Confessor. The police finally had the final piece of the puzzle. They now had everything they needed to win the jury over. Justice would be served.

Recently I was watching a show called Real Interrogations on Netflix. In Season 1 Episode 3 the body of a young girl was found burning by the side of the road. After identifying her they spoke to people she knew and determined she had been at a party the evening before. Long story short, a while later they ended up coming to the conclusion that a certain young man was to blame. They spoke to his father before picking him up to take him to the police station to interrogate him and his father seemed very confused. He said that his son was not even in the United States during the time of the murder. Regardless, the police took him to the station to see what he knew.

Surprisingly, they got him to sign a confession, charged him with first degree murder, arrested him and put him in jail pending further investigation.

Couple of problems though.

Firstly, his story didn't match most of the details of the crime. It was the wrong place and the wrong time. He was naming people who were already ruled out. He didn't even get the means of murder right.

Secondly, as his father had said, he was not in the United States at the time of that murder. Just as he had said, his father soon produced several forms of documentation proving he had been in Venezuela for a period of weeks during that time.

He was not involved in any way.

Honestly, this kind of shocked me. What on EARTH could compel that crazy kid to say "Yeah I was there. I was involved." When he so obviously wasn't?

Turns out he had been screamed at, threatened, badgered, and lied to for hours and hours in the interrogation room. He had been silly and had made some mistakes when telling the interrogators where he had been and where he was going, but even just watching the parts of the interview they showed you could tell that had more to do with the fact that English was not his first language than anything else. As soon as the police saw the slightest discrepancy in his story, with no evidence against him whatsoever, and in fact testimony to his innocence, they held him in that interrogation room and pushed and pushed and pushed for hours and hours until he finally broke and said exactly what they wanted to hear, partly out of exhaustion and partly out of fear of their threats.

This really made me think twice about all those reality crime shows. All the times I had felt such satisfaction at seeing the "bad guy" confess to his crimes.

Soon after that, I queue'd up a Frontline documentary called The Released. It was about a group of 4 innocent men who all were bullied over hours and hours of soul crushing interrogation by a (later to be convicted of criminal wrongdoing involving interrogations he had conducted) police interrogator until they confessed to a crime they did not commit. They screamed at them. They lied to them, telling them that they had evidence against them when they did not and that telling them that they had failed polygraph tests when they had in fact passed them. They threatened them, saying that because they had so much evidence against each of them, they would undoubtedly face execution if they did not stop "lying" and confess to the crime. Finally, each of them broke and began to tell the police whatever they wanted to hear, often literally being coached in what to say when recording and writing their confessions. Then, without a single shred of physical evidence pointing to their guilt, the prosecuting attorney actually convinced 4 separate juries, based mostly on their coerced confessions, to send each of those men to jail. They even actually caught the guy who did it. His DNA matched. And he even said "Hey, those guys weren't involved. I did this by myself." And they all still went to jail and had to serve their entire sentences. You should really look it up. It does a great job of showing how shocking this abuse can be and just how horribly it can ruin so many lives.

TL;DR

Today I read the story quoted atop in the news. It really got me thinking.

  • At what point does a police interrogation become an inquisition?
  • The lead investigator in that episode of Real Interrogations said point blank to the camera "Sometimes we have to tell a lie to get the truth." Is that ever justifiable?
  • What limits on police and protections for citizens should be in place to protect innocent citizens?
  • Are we still really innocent until proven guilty or are we guilty until we convince interrogators of our innocence?
  • Should juries be able to convict people based solely on (possibly coerced) confessions with literally not one shred of evidence to back up the prosecution's claims? Shouldn't there be some kind of requirement of some amount of physical evidence?
  • Should police be able to lock people up indefinitely without any physical evidence in their favor?
  • In light of these and so many more abuses, should confessions even be considered a valid form of evidence anymore?

I'm asking myself all of these questions. What do you think? I'd especially appreciate the insight of anyone with legal knowledge.
 
the existence of false confessions terrifies me. i remember reading about a boy, michael crowe i think, who confessed to killing his sister after something like twelve straight hours of brutal interrogation. by the end of it the interrogators had convinced him that there was a 'good michael' and a 'bad michael', and that while good michael would never hurt his sister, maybe bad michael did, and good michael didn't even realize it.

shit's fucked
 
On a list of your bullet points:
  • I'd say when the police go beyond asking you questions and start telling you that you are guilty
  • I wouldn't be able to say one way or another. It isn't a black and white decision, as to whether or not lying to obtain the truth (the actual truth) is right.
  • There are already (or should be, at the very least), restrictions such as police not allowed to use physical violence, they can't force you into making a confession through threats, you have a right to remain silent until your lawyer arrives (USE THIS RIGHT WHENEVER YOU ARE ARRESTED AND ARE BEING QUESTIONS. DO NOT SAY A SINGLE WORD TO ANYONE UNTIL YOUR LAWYER HAS ARRIVED)
  • Honestly, I don't know anymore. Everyone would like to say "guilty until proven innocent", but then have no problem condemning someone that's in trial for their crime.
  • Hell no. A coerced testimony is essentially lying. You did not make that confession of your own volition and were forced into doing it through threats, torture, verbal "tricks", etc.
  • Not black and white. If there's reasonable suspicion (for example, say the police lock up a suspected terrorist because he posts about how he makes pipe bombs and wants to blow up a train or something), then they should at least be questioned. Still, not black and white and really depends on circumstance.
  • I believe so. Just because there are a few police officers willing to do whatever it takes to get a confession doesn't mean that they're all like that.
 

Colonel M

I COULD BE BORED!
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(USE THIS RIGHT WHENEVER YOU ARE ARRESTED AND ARE BEING QUESTIONS. DO NOT SAY A SINGLE WORD TO ANYONE UNTIL YOUR LAWYER HAS ARRIVED)
I cannot further stress this. Being a person who has been in a Security class, and the professor being a private detective, he emphasizes this. They read the Miranda Rights for a freaking reason; use them.
 

Matthew

I love weather; Sun for days
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Ugh ugh ugh. Slightly offtopic coming this way. This thread made me remember this book (or was it a short story?) where an interrogator brought in a group of kids and then finally broke this one kid down into saying that he killed this girl or something. It was from the boy's perspective and when he finally said, "I did it," he questioned why he said it when he ultimately did not do it. I know there must be countless books (or short stories) like this but if anyone can tell me that'd be awesome.

EDIT:
I remember it had to do with this girl and a pool too if that helps. UH
 

Texas Cloverleaf

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Soon after that, I queue'd up a Frontline documentary called The Released. It was about a group of 4 innocent men who all were bullied over hours and hours of soul crushing interrogation by a (later to be convicted of criminal wrongdoing involving interrogations he had conducted) police interrogator until they confessed to a crime they did not commit. They screamed at them. They lied to them, telling them that they had evidence against them when they did not and that telling them that they had failed polygraph tests when they had in fact passed them. They threatened them, saying that because they had so much evidence against each of them, they would undoubtedly face execution if they did not stop "lying" and confess to the crime. Finally, each of them broke and began to tell the police whatever they wanted to hear, often literally being coached in what to say when recording and writing their confessions. Then, without a single shred of physical evidence pointing to their guilt, the prosecuting attorney actually convinced 4 separate juries, based mostly on their coerced confessions, to send each of those men to jail. They even actually caught the guy who did it. His DNA matched. And he even said "Hey, those guys weren't involved. I did this by myself." And they all still went to jail and had to serve their entire sentences. You should really look it up. It does a great job of showing how shocking this abuse can be and just how horribly it can ruin so many lives.
I read the John Grisham novel on the series of events i believe this is referring to. Its really scary stuff as two of the guys were out away for life with no parole and one got out after serving for at least 25 years, he was even on death row twice. I cant recall what happened to the other guy but I think he got out after 25 years.
 
This is actually my field so this kinda stuff hits home pretty well. Its unfortunate that interrogators get so lost in trying to get a confession or information and resort to incredibly unreliable tactics. It is almost always more effective to build rapport through 'nice' questioning and fact check against known intel to see ifwhat the guy is telling you is true. That's what surprises me about police interrogators is that they can prosecute off of a single confession and won't fact check. For intelligence on the military side to be used it has to be confirmed by three seperate sources. Its a shame that our justice system has some life wrecking flaws.
 

VKCA

(Virtual Circus Kareoky Act)
And this is why I am really, really opposed to capital punishment.
 

DM

Ce soir, on va danser.
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As a law student who just finished an entire semester in Criminal Procedure, rest assured, the methods you described in the OP are NOT okay to employ, so sayeth the American Constitution. Yes, it still happens, because some people don't know their rights, or just can't understand them (foreigners, idiots). The police know how to push the envelope, and they will take any advantage/opening they notice and run with it.

I apologize for my laziness, I could dissect your bullet points one by one and answer them, but my Crim Pro final is Monday and I have to study for it right now. Suffice it to say: courts take each case on its own facts and merits, there is no line drawn in the sand to say "if you cross this, the confession is thrown out." Also, cops CAN lie to get someone to talk, i.e. "your buddy is in the room next door saying he saw you kill the victim."
 

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