Criminal confessions: overcoming the challenges - interview and interrogation techniques

FBI Law Enforcement Bulletin,The, Nov, 2002 by Michael R. Napier, Susan H. Adams

Investigators must accept the admission, return to the basics of the investigation, and obtain a statement that comports to the reality of the crime. Likewise, investigators must go well beyond the "I did it" admission. They must press for minute details to tie suspects to the crime scene to disclose their active participation in the crime.

Corroboration anchors the most secure confession. Some suspects may not readily provide information to support their involvement in a crime for fear of exposing the true nature of their evil acts. However, a suspect's corroboration by providing details known to only a few individuals, solidifies a confession. Evidence linking such details as the location of the body, the weapon, or the fruits of the crime provide a superior foundation for preventing the retraction of a confession or one otherwise successfully challenged in court.

PERSONAL DIGNITY

A final principle, underpinning the entire interview process, involves the concept of dignity. All individuals are entitled to maintaining their personal dignity and self-worth. Convicted felons have explained that they more likely would confess to an investigator who treated them with respect and recognized their value as a person. (25) Allowing suspects to maintain dignity, even in adverse circumstances, is professional and increases the likelihood of obtaining a confession. One experienced investigator provides advice for interviewing the suspect of a particularly serious crime, "Remember, he has to go on living with himself." (26)

Many investigators now videotape their interviews to document the confession, which allows the attorneys and the jury to view it. This also allows investigators to view their interviewing performance and, thus, to learn from critiquing it. Videotaping can remind the investigator to treat the suspect with respect as a person, regardless of the nature of the crime.

CONCLUSION

Law enforcement agencies are governed, sometimes invisibly, by their organizations' value systems. Although organizations are built from the bottom up, their values flow in both directions. The concept of professionalism for the investigator begins with basic duties and carries through to a legal responsibility, providing sworn testimony in open court about ethically and legally obtained evidence.

The manner in which an investigator approaches interviewing and interrogation may symbolize the ultimate reflection of the professional values of a department. "Casual values" appear as a "casual attitude," which translates into matching behavior. The appearance of casual values in the interview room may result in suppression of admissions or confessions, but it also may reflect a "casual approach" to law enforcement at all levels. All aspects of law enforcement must reflect vigilance to the highest policing values, but nowhere more important than in the interview room and in presenting the investigative product of the interview.

Endnotes

(1.) The word critics is used throughout this article to denote a small number of social psychologists who have testified for the defense regarding the legal admissibility of some confessions.