Read The Times Australia

Daily Bulletin

Making a Murderer: why innocent people confess under interrogation

  • Written by: The Conversation Contributor

This article contains spoilers.

Many people have been riveted by the Netflix series Making a Murderer. One of the story’s most compelling aspects is Brendan Dassey’s confession, under interrogation, to his role in a gruesome murder.

People often take such a confession as a clear indication of the suspect’s guilt. Why would someone confess to a serious crime unless they are guilty?

Innocent people do confess to crimes they did not commit. To date, the Innocence Project has worked to exonerate 337 people in the US. In 88, or 27%, of the first 325 exonerations, the innocent suspect confessed, even providing details about the crime. But what leads innocent suspects to falsely confess to very serious crimes?

How false confessions can be coerced

Physical coercion is the most obvious factor that could lead to a false confession, but it is unlikely to be used in a modern criminal interrogation. Psychological coercion, however, is a prevalent and powerful tool. It can include telling the suspect lies about the evidence or implying to suspects that they will receive lenient treatment if they confess.

In North America, the most common interrogation method taught to police is the Reid technique, which leverages these psychological tactics to obtain confessions from suspects. This technique has two key stages: the pre-interrogation interview and the interrogation.

In the pre-interrogation interview, the interrogator must determine whether a suspect is being truthful when they deny their involvement in a crime. Reid technique interrogators are instructed that truthful and deceptive suspects differ noticeably in their behaviour. For instance, truthful suspects sit comfortably upright; deceptive suspects maintain a rigid or avoidant posture.

To an interrogator trained in the Reid technique, Dassey’s demeanour alone would have suggested that his initial denials were lies.

But such simple distinctions do not exist between liars and truth-tellers. People, including police, are very poor at determining whether someone is lying or telling the truth. Accuracy rates are only around 50/50.

Police also display a bias towards deciding that a person is lying. The Reid technique’s pre-interrogation interview therefore places innocent suspects in danger of being judged as deceptive by interrogators who are biased towards judging people that way and low on lie-detection accuracy.

If the interrogator decides that the suspect is deceptive (and guilty of the crime), the suspect is moved on to the interrogation phase. Thus, the Reid technique’s interrogation is guilt-presumptive: the interrogator has already decided the suspect is guilty.

The interrogation’s goal now is to extract a confession from the suspect using a range of psychological tactics. For example, the interrogator should accuse the suspect, confronting them with real or fabricated evidence, and reject the suspect’s denials. The interrogator should also empathise with the suspect, thus implying that confession will be met with understanding.

In Dassey’s videotaped confession, these tactics are used.

This interaction places great pressure on the suspect, regardless of their guilt or innocence, to confess. The interrogator’s predetermination that the suspect is guilty has a strong influence on both the interrogator’s and the suspect’s behaviour.

In one experiment, interrogators with a presumption of guilt were more confrontational in their questioning of suspects, and also made suspects sound more anxious and defensive to observers listening to the interrogation.

Some suspects are particularly susceptible to psychological pressure. With a low IQ, Dassey was highly vulnerable. Individuals with intellectual disability are over-represented among proven false confessions in the US.

People who are intellectually impaired display a high need for approval, especially from authority figures. This manifests as a tendency to agree – even with nonsensical statements.

Intellectual impairment also limits people’s capacity to foresee the consequences of their actions when making legal decisions. This greatly increases their risk of false confessions.

image The Reid technique places great pressure on the suspect, regardless of their guilt or innocence, to confess. shutterstock

Can false confessions happen in Australia?

While false confessions are always possible, Australian police practices make these far less likely.

The Reid technique is not used in Australia, partly due to legislation that prevents the use of Reid tactics. The Reid technique advocates confronting a suspect with fabricated evidence if necessary, but legislation prevents police officers from lying to suspects during an interrogation.

The Australian law’s recognition that psychologically coercive interrogation tactics are problematic has ensured that interrogation practices in Australia do not mimic those in North America. Rather than the Reid technique, the PEACE model (developed in the United Kingdom) guides Australian practice.

The PEACE model’s key advantage is that police officers are trained to focus on securing information, not presuming the suspect’s guilt and aiming to secure a confession.

The term “interrogation” is not used in Australia. The process is referred to as “investigative interviewing” to emphasise that the interview with the suspect is an ongoing part of the investigation and to dissociate the practice from North American interrogations.

With these safeguards in place, Australian police interviewers prioritise the discovery of information, not the extraction of a confession. No legal system is perfect. But appropriate legislation and training help to protect against confessions like Dassey’s in Australia.

Authors: The Conversation Contributor

Read more http://theconversation.com/making-a-murderer-why-innocent-people-confess-under-interrogation-53879

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Businesses Can Do to Make Sustainability More Practical Day to Day

Sustainability can sound like a huge corporate project, something tied to annual reports, long-term ...

The Hidden Logistics Behind a Smooth-Running Construction Site

A construction site can look chaotic from the outside. There are machines moving in different direct...

When a Temporary Work Arrangement Starts Looking More Permanent

A lot can change once someone has spent a few years working in the same place. What began as a fixed...

The Real Cost of Launching a Food, Beverage or Supplement Brand in Australia

"How much will it cost to manufacture my product?" is usually the first question a founder asks, a...

Why Aussie Car Owners Are Switching to Paint Protection Film Over Traditional Waxing

For decades, a tin of carnauba wax and a Sunday afternoon were the standard formula for keeping a ...

How Wide Should Running Shoes Be? Signs Your Shoes Are Too Narrow

Running shoes should be wide enough for the forefoot and toes to sit naturally under load, but not...

Trail Running Shoes vs Hiking Shoes: Which Is Better for Australian Trails?

Australia does not offer one neat definition of a “trail.” A weekend walk might mean a hard-packed...

Architectural Window Shading: Solutions for Triangle Blinds, Raked Glazing, and High Ceilings

Mastering Light and Privacy with Specialized Window Coverings Modern architectural de...

From Suburban Streets to Modern Events: Why Australians Still Love the Ice Cream Truck

Did you know Australia consistently ranks among the world's highest ice cream-consuming countries? ...