Saul M Kassin, Hayley M D Cleary, Gisli H Gudjonsson, Richard A Leo, Christian A Meissner, Allison D Redlich, Kyle C Scherr
{"title":"Police-induced confessions, 2.0: Risk factors and recommendations.","authors":"Saul M Kassin, Hayley M D Cleary, Gisli H Gudjonsson, Richard A Leo, Christian A Meissner, Allison D Redlich, Kyle C Scherr","doi":"10.1037/lhb0000593","DOIUrl":null,"url":null,"abstract":"<p><p>Wrongful conviction databases have shed light on the fact that innocent people can be induced to confess to crimes they did not commit. Drawing on police practices, core principles of psychology, and forensic studies involving multiple methodologies, this article updates the original Scientific Review Paper (Kassin et al., 2010) on the causes, consequences, and remedies for police-induced false confessions. First, we describe the situational and personal risk factors that lead innocent people to confess and the collateral consequences that follow-including the corruptive effects of confession on other evidence, the increased likelihood of conviction at trial, the increased tendency to plead guilty despite innocence, the stigma that shadows false confessors even after exoneration, and the failure of Miranda to serve as a safeguard. Next, we propose the following remedies: (1) mandate the video recording of all suspect interviews and interrogations in their entirety and from a neutral camera angle; (2) require that police have an evidence-based suspicion as a predicate for commencing interrogation; (3) impose limits on confrontational interrogations, namely with regard to detention time, presentations of false evidence, and minimization themes that imply leniency; (4) adopt a science-based model of investigative interviewing; (5) protect youthful suspects and vulnerable adults by mandating the presence of defense attorneys during interrogation, and a suitable appropriate adult where required; (6) shield lay witnesses and forensic examiners from confessions to ensure the independence of their judgments; and (7) abolish contributory clauses from compensation statutes that penalize innocent persons who were induced to confess and/or plead guilty. These recommendations should help to prevent confession-based wrongful convictions and improve the administration of justice for all concerned. (PsycInfo Database Record (c) 2025 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":"7-53"},"PeriodicalIF":2.4000,"publicationDate":"2025-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Human Behavior","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1037/lhb0000593","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2025/2/10 0:00:00","PubModel":"Epub","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Wrongful conviction databases have shed light on the fact that innocent people can be induced to confess to crimes they did not commit. Drawing on police practices, core principles of psychology, and forensic studies involving multiple methodologies, this article updates the original Scientific Review Paper (Kassin et al., 2010) on the causes, consequences, and remedies for police-induced false confessions. First, we describe the situational and personal risk factors that lead innocent people to confess and the collateral consequences that follow-including the corruptive effects of confession on other evidence, the increased likelihood of conviction at trial, the increased tendency to plead guilty despite innocence, the stigma that shadows false confessors even after exoneration, and the failure of Miranda to serve as a safeguard. Next, we propose the following remedies: (1) mandate the video recording of all suspect interviews and interrogations in their entirety and from a neutral camera angle; (2) require that police have an evidence-based suspicion as a predicate for commencing interrogation; (3) impose limits on confrontational interrogations, namely with regard to detention time, presentations of false evidence, and minimization themes that imply leniency; (4) adopt a science-based model of investigative interviewing; (5) protect youthful suspects and vulnerable adults by mandating the presence of defense attorneys during interrogation, and a suitable appropriate adult where required; (6) shield lay witnesses and forensic examiners from confessions to ensure the independence of their judgments; and (7) abolish contributory clauses from compensation statutes that penalize innocent persons who were induced to confess and/or plead guilty. These recommendations should help to prevent confession-based wrongful convictions and improve the administration of justice for all concerned. (PsycInfo Database Record (c) 2025 APA, all rights reserved).
期刊介绍:
Law and Human Behavior, the official journal of the American Psychology-Law Society/Division 41 of the American Psychological Association, is a multidisciplinary forum for the publication of articles and discussions of issues arising out of the relationships between human behavior and the law, our legal system, and the legal process. This journal publishes original research, reviews of past research, and theoretical studies from professionals in criminal justice, law, psychology, sociology, psychiatry, political science, education, communication, and other areas germane to the field.