Why would someone admit to a crime they didn’t commit? The unsettling fact is false confessions are one of the leading causes of wrongful convictions. Research studies have identified why false confessions occur and suggested necessary reforms.
False confession cases arise from how interrogations are conducted. Interrogations aim to gather information or obtain a confession. The “Reid Technique” is a common method where officers start with non-accusatory questions and move to accusatory questions if guilt is suspected.
False confession expert Richard Leo criticizes the Reid Technique, calling it “psychologically coercive” with three major errors: misclassification, coercion, and contamination. Misclassification error occurs when the officer decides that an innocent person is guilty. Coercion error occurs when, subjected to psychologically coercive factors (e.g., stress, fatigue, lengthy questioning, or mental or physical fatigue) the suspect feels that their only choice is to comply and admit guilt. Contamination error occurs when, after admitting guilt, the police help create a narrative of the crime that includes facts that an innocent person would not know. Researchers have conducted experiments using psychologically coercive techniques to capture false confessions.
How do we assess if a wrongly accused person confessed? Saul Kassin, a false confession expert, points to factors like age, mental health, and IQ. Juveniles, those under 14, persons with mental illness, or low IQs are more likely to falsely admit guilt. Longer interrogation periods increase the risk, with 84% of false confessions occurring after 6 hours in a review of 125 cases. Kassin also examines the confession’s content for consistency and accuracy.
The Central Park Jogger case exemplifies false confessions. In that case,a female jogger was found brutally attacked and raped in Central Park. The crime caused an uproar in New York City and police were under pressure to find those responsible. Five black youths—Kevin Richardson, Antron McCray, Yusef Salaam, Raymond Santana, and Korey Wise—aged 14 to 16, were seen in the park that night, arrested for the crime, and interrogated. Under intense police questioning, four of the boys admitted to roles in the crime and implicated others. But the youths also gave conflicting accounts of the crime and none of the DNA evidence matched any of them. All of them later said they were coerced into giving false statements. All five youths were exonerated when a serial rapist confessed to the crime and his DNA tied him to the crime scene. The case gained attention through documentaries like “The Central Park 5” and “When They See Us.”
To prevent false confessions and wrongful convictions, simple reforms should be implemented. Mandating complete recording of interrogations is also crucial for assessing coercion. Some states (such as Illinois, New York, and Minnesota) already have recording laws, gaining support among law enforcement. It is also recommended that there are limits on deceptive interrogation techniques and the duration of interrogations. In California, a recent law precludes law enforcement to lie to children during an interrogation.
