Techniques and Approaches of the Interrogation Process - Essay Example

Interrogations are a vital part of crime fighting system in any country, and is a widely weapon for law enforcers in order to establish guilt beyond judicial doubt. However, in its perverse form it could send innocent people to the gallows in what could be termed as gross miscarriage of justice and legal foul play. It has also gained notoriety due to its ability to extract confessions from the most innocent of suspects. Although its primary function is to establish guilt, it may often be manipulated to enforce the same on people who may not be the real offenders and yet have been accused of crimes that they have perforce, or involuntarily, confessed to commit. American criminal history is replete with instances when innocent people have been handed down sentences while the real culprits move scot free. Even today, it is roughly believed that there are between 65 and 300 false confessions per year in the United States. This study seeks to study the various impacts of interrogation and the procedures, which are followed in interrogation .Through the study of decided cases on the subject it is felt that existing laws need to be reviewed and revamped to provide more effective and speedier justice trials to the victims and punishment for the offenders. With the changing times it has become necessary to modernize the crime fighting mechanism in the country to eschew traditional forms and embrace modern technology including the production of complete documented electronic recordings of suspects and enforcement of a stricter code of conduct for the investigators by adopting more subtler, yet effective means of establishing truth in criminal cases. This also envisages a stricter Code of Conduct for the investigators into adopting more subtler, yet effective means of establishing truth in criminal cases based heavily upon scientific data and expert opinions, rather than browbeating suspects into confessions, whether proved true or false. This would ensure that the legal infrastructure need not have to enter into fresh controversies in imparting justice as and when it becomes imperative to do so in the carriage of justice and fair play in legal dealings. Table of Contents serial Description 1 Abstract 2.0 2.1. Interrogation processes Guilt based processes 3.0 3.1 3.2 3.3 3.4 Techniques of interrogations Reid’s Nine step method of psychological manipulations Inadmissability of involuntary or coerced statements Case laws on false confessions Miscarriage of justice 4.0 Approaches to interrogations 5.0 Conclusions Interrogation process, techniques and approaches Interrogation processes: The interrogation system is important because it is an opportunity to test whether the suspects are lying or utter false statements. When such lies or false statements are made, the police are in a position to reinforce the fact that the suspects are involved in the crime and could therefore, challenged the statements delivered, or disallow the claims and alibis made. However it is seen that strong and coercive methods of interrogation could not only be” an infringement of the suspect’s dignity and fundamental rights” but could force an innocent man to plead guilty to a crime which he has not committed, in the first place. (Williamson 125). However, although the theory that innocence claims precedence over guilt in criminal law, it is necessary to enforce robust techniques to bring criminals into the process of law, and arrest future repetitions of similar crimes by the same person, especially against women . Thus, interrogations are not only necessary to convict the guilty but also to absolve the innocent through its right application. Guilt considered process: Since interrogations are guilt-based processes, it is mainly intended to extract a confessional statement from the alleged suspect. Who may be held responsible for the commission, or involvement in some crime, or tort? Since interrogations are meant for extracting confessional statements from suspects, normally, this process is not applied on innocent people, or those whose role, or involvement in the commission or abatement of crime are not sustainable. A Statement has been provided below which deals with the cause and effects of interrogation procedures on suspects and its implications and effects. Technique of interrogations: Interrogations are primarily meant to destroy a suspect’s defense and make him submit to the process of law by signing a confessional statement-acknowledging role in carrying out, or abating the crime. The most widely modern means of interrogation is called the Reid Technique of investigative questioning. “The courts in the United States have recognized The Reid Technique as the leading interview and interrogation approach used today in both the law enforcement and business communities. (Reid.com). Reid’s Nine Steps of Psychological manipulation: The Reid system is the most popular system being widely practiced during police interrogation. The process of Reid systems is being explained as below: In the first stage, the interviewer befriends the alleged criminal C with general, stress relieving questions and notices his responses. People in general tend to open out to people whom they like and befriend and this is true of interrogations. The baseline questions have been specially designed to test his brain power- especially in the areas of memory and use of creativity. It has been observed that there is a general tendency for people to turn their eyes to the right when answering questions from memory, and to the left, when using creativity. This body language forms the baseline for future interrogation .When the alleged offender speaks the truth, he would be moving his eyes to the right and when trying to lie, or using creativity, he would move it to the left. (Layton). Once the general pattern of response has been established, the actual implementation of Reid technique takes place. The interrogation technique adopts the following pattern: Stage 1. Confrontation Stage 2. Theme development Stage 3. Preventing denials Stage 4. Overcoming objections Stage 5. Getting the suspect’s attention Stage 6. Suspect loses resolve Stage 7. Presentation of alternatives Stage 8. Bringing the suspect into conversation Stage 9. Confession (Layton). Stage 1. Confrontation The interrogator presents the fact of the case to the alleged offender and informs him that there are evidence to incriminate him in the case. He is informed of his alleged incrimination and is asked to speak about it. Stage 2: Theme development: In this section, the actual drama begins to unfold itself and the interrogator puts himself in the place of the suspect and delineated his role and why he should involve himself in this crime. The interrogator begins to draw a mental picture reenacting the crime and the offenders role, and asks pertinent and leading questions Stage 3. Preventing denials: If the suspect is innocent he would reveal it at the theme development stage itself. The fact that the suspect did not choose to do so may betray his involvement in the case. However, it is necessary that the suspect should not be given a chance to speak or utter denials or non-involvement. If he is allowed to do so, his confidence would build and it would be difficult for the interrogator to neutralize him in future. He is told that he would be given a chance to speak later Stage 4: Overcoming objections: The suspect may raise objections or deny any role in the crime and it is left to the dexterity of the interrogator to change objections to admissions of guilt. For instance if the suspect says that he would never even dream of doing such an act , the interrogator would say that is a one time crime and not a regular one, etc. Or maybe one caused by misjudgment Stage 5. Getting the suspect’s attention: At this stage, it is possible that the suspect would lose his confidence, and become unsure of himself. The interrogator renews the rapport between himself and suspect, and offer him encouragement and support to open up and tell the truth. Stage 6. Suspect loses resolve : At this stage, due to the constant mental pressurizing and emotional stress, the suspect loses his aplomb and begins to experience real strain. At this stage he is in two minds whether to confess and get over with it all, but the consequences of confession, including jail term, etc also looms large before him Stage 7. Presentation of alternatives: At this stage, the interrogator realizes his (suspect’s) state of mind and proffers choices of alternatives: one is a socially acceptable one or a morally perilous one, and asks him to choose which he would prefer. In a typical murder case, the socially acceptable one would be a killing in a fit or rage, or anger, and morally endangering, would be killing for money. The suspect would choose the least damaging option and inform the interrogators accordingly. Stage 8. Bringing the suspect into conversation: At this stage, the suspect has, more or less,already decided to confess and the interrogator makes arrangement to have a second witness to oversee the proceedings. The first witness may be the detective interrogator already present and the second would come from outside. Stage 9. Confession: The actual confession is recorded and transcribed and the interrogators makes necessary arrangements for the next course of action to commence. Inadmissability of involuntary or coerced statements: However, a confessional statement would not be admissible in a Court of Law if it were made involuntarily, or under coercion or duress. It often happens that an otherwise innocent person could be subjected to such mental torture and emotional blackmailing that he would confess to the crime just in order to get away from the obnoxious process. He would thus risk himself to a false but evidential confession This is precisely the reason why the Fifth Amendment of the US Constitution gives complete freedom to a person’s right to not incriminate himself, and the Fourteenth Amendment of the Constitution, which assures the prerogative of due process, including a speedy trial. also impinges upon aspects of confessions. When law enforcement authorities detain and question a suspect for three days without instituting formal charges, they are guilty of invading a person freedom for being subject of due law. Julia Lavton: How Police Interrogation works. (Layton). Case Laws : The Ochoa Case and the Earl Washington case The process of extracting false confessions could lead to innocent imprisonment as was witnessed in several cases. In the case of Ochoa, he was co- sentenced along with his friend to more than 12 years in jail for a murder he did not commit and yet confessed under duress of death penalty from police that he would be given the death sentence if he did not confess to it.. Exhausted and alone, Mr. Ochoa concluded that he was doomed either to the death penalty or life in prison without parole, so he plea bargained, agreed to testify against his innocent friend Richard Danzinger, and signed a confession.” (Sydnor). Another case relates to Earl Washington Jr. 1982 in the case where false and fabricated confessions led to serious miscarriage of justice, resulting in wrongful 17-year imprisonment of a slightly mentally retarded farmhouse worker. Earl Washington “in the 1982 rape and murder of 19-year-old Rebecca Williams, a young mother from Culpeper, was largely the result of a false confession in which he got several key details wrong. Last year, a federal jury in Charlottesville ruled that a now-deceased Virginia State Police investigator fabricated parts of that confession.” The wrongful conviction including death row sentence caused him to earn around 1.9 million to a man who spent 17 years in prison -- including more than nine on death row -- for a rape and murder he did not commit. (Glod). Miscarriage of justice: Thus, it is seen that in many cases, the law provided the offenders in the form of innocent people and extort confessional statements from them. The fundamental rights of suspects are in terms of not being placed in detention for a period of more than 72 hours without trial. However, it has often been seen that suspects are held for more than 5 days without seeing the light of day in interrogation centers and forcibly made to sign confessional statements for crimes they did not commit. The depth of ruthlessness and brutality with which such extortions are made only compounds the intensity of the miscarriages of justices. In addition, the complete disregard of Human fundamental rights and constitutionally protected US. Laws is evident. The approach to interrogation: Interrogation techniques are methods employed by interrogators and law enforcement personnel to arrive at the truth of alleged roles of suspects in criminal offences, anti-social or subversive activities. In the 21st century, organized crime has assumed menacing proportions, threatening to permanently disrupt world peace and stability on a large-scale basis. Besides, syndicated criminal organizations have deeply intricated and powerful connections, not only in the underworld but also along the corridors of political and administrative powers. The captains of these ‘industries’ take pride in their legal world connections and often manipulate people and situations to attain their devious aims and objectives, often as a affront to the law and order providers to the State or country. Under the protection and shelter of their underworld dons, their hired men commit, or act as instruments or accessories in law breaking activities with total brashness and impunity, obliterating whatever little of human scruples they possess for material gains. Under such compelling circumstances, the law enforcement agencies have to summon a convincing degree of competence, courage and personal integrity to fight crime and criminals in the most determined and persuasive manner, so that laws are not intended to be mocked by a few incorrigible lawbreakers to the common detriment of the common people. Therefore, it becomes imperative for interrogators to use physical or psychological threats, emotional blackmailing methods, strong-arm methods and sometimes, ‘gentle persuasions’ in order to make suspects speak out the truth. The confessions of alleged perpetrators would be useful in forming the basis of evidence for building a case to be presented in court by the public prosecution, or the State in such cases. It is often seen that the interrogators often resort to psychological methods in order to persuade the alleged suspects to make confessions for wrongdoing. attributed to interrogation methods could be seen in terms of : (a)The detection of falsehood in the statements made by the alleged suspects, or offenders (b)The supposition of guilt and non-innocence established through the interrogation process (c)The use of interrogation techniques used in modern crime fighting systems. (Redlich and Meissner P. 2). However, there are always real risks in interrogations carried out in terms of injury, disablement or death to the alleged offenders while in police custody. Therefore, it is necessary that interrogations should only be used in guilt-presumptive situations, since the impact of strong interrogation could have disastrous consequences on innocent. (Presumption of guilt P 3: Techniques and Controversies in the Interrogation of Suspects: The Artful Practice versus the Scientific Study Allison D. Redlich Christian Meissner : There are also instances when innocent people are handed down sentences in fabricated cases and, most paradoxically, there are instances when police officials themselves acquire self acclaimed notoriety as aiding, or abetting crimes. Thus, the law and order situation when there are ‘criminals in uniform’ have undergone a new dimension where justice is at a premium and crimes are committed in as mundane a manner as occurrences of night and day. Conclusion: It is seen that the occurrences of false confessions obtained from otherwise innocent people are because the techniques, which are applied for extracting confessions from real criminals, are also used, without bias, on innocent people, believed to be suspects. Therefore, it is necessary that, with the inadmissibility of polygraphs (truth telling) machines in Court, the law enforcement authorities need not seek recourse to psychological and physical interventions to establish guilt or innocence in various cases. This could be done by offering professionalized expert opinions that could offer reliable testimony and solid evidences in matters of crime and the need for punishment. Further it is needed that all proceedings with suspects should be electronically recorded from its beginning to its very end, and provided to the panel of jury in order to offer evidence based depositions on legal matters relating to the conduct of investigations With changing times it has become necessary to modernize the crime fighting mechanism in the country to eschew traditional interrogation methods and embrace modern technology. This includes the production of complete documented electronic recordings of suspects, and enforcement of a stricter Code of Conduct for the investigatorsinto adopting more subtler, yet effective means of establishing truth in criminal cases based heavily upon scientific data and expert opinions, rather than browbeating suspects into confessions, whether true or false. Hypothetical Table establishing three tiered methods of interrogation Pyramid showing 3-Tiered hierarchy of interrogation methods. “In sum, in disputed confession cases, there is more than 100 years of psychological science to draw on, including literature from developmental, cognitive, social, personality, forensic, and abnormal psychology.”( Redlich and Meissner p.10). Annotated Bibliography Williamson, Tom. Ch.7: Investigative Interviewing: Rights, Research Regulations: The Psychology of interrogation & confession. William Publishing. P. 125. 2004. 2 Apr. 2008. . This book seeks to explain the gamut of interrogation including an intricate explanation about the methods of confessions and its implications on suspects. The contribution of this source to this research paper has been in terms of providing a framework for building interrogative confessions, and how it serves as an useful and substantive ally for purposeful interrogation Company Information: Court Recognition. John E. Reid & Associates, Inc. 2004. 2 Apr. 2008. . The Reid method is the most widely used interview and interrogation methods in the country today. Its usefulness as an excellent interrogation strategy is vindicated by the fact that this method was designated by the National Security Agency (NSA) as one of the premier scientific methods for criminological behavior investigation. This study deals with modern day Interrogation techniques, which is today almost synonymous with Reid’s System of psychological manipulations Layton, Julia. How Police Interrogation Works Common Interrogation Techniques. howstuffworks. 1998-2008. 2 Apr. 2008. . In interrogation, methods the buildup to the climax and the procedure adopted are more important than actual confessions itself. It is quite possible that the suspect could later say that he was forced to do everyting under coercison and duress and the Court would tend to align with him. This source lays threadbare with visuals, the gamut of police interrogation and even suggests Legal methods for suspects on how to gain psychological advantage over interrogators. Sydnor, Rev. Jon Paul. Chapter Six: What Does Rape have to do with Murder. 2004. 2 Apr. 2008. . The paradoxical feature of effective interrogation is that while it could get a guilty person to confess for committed crimes, it could also also get an innocent man to confess for non-committed crime. This source has opened the floodgates to nearly eight cases where innocent people were sentenced (and exonerated) on mistaken identities and false witnesses. The impact of this source is in terms of taking both sides of interrogation cases especially when the confessions have been illegally obtained Glod, Maria. Former Death-Row Inmate Would Get $1.9 Million. Washingtonpost.com. 28 Mar. 2007. 2 Apr. 2008. . The psychological impacts of sending innocent people to long stints in jail has been personified In 1982 Earl Washington case in which he was wrongly incarcerated for rape and murder he did not commit, yet confessed under duress. This article underpins the need for reforms in criminal cases to be overhauled and establish the innocence of suspects before launching a criminal tirade against them. Redlich, Allison D. and Meissner, Christian. Techniques and Controversies in the Interrogation of Suspects: The Artful Practice Versus the Scientific Study. P. 2. 2 Apr. 2008. . This article seeks to provide public awareness on matters relating to extraction of confessions from suspects and offers a precise and scientific rationale for institutional reforms in modern interrogation systems, including recording and documentation of evidences. For the purpose of this research it offers valuable suggestions to make interrogations more scientifically oriented and information based, rather than acting on established hypothesis that could be wrongly premised. Redlich, Allison D, and Meissner, Christian. Techniques and Controversies in the Interrogation of Suspects: The Artful Practice Versus the Scientific Study: Presumption of guilt. P. 3. 2 Apr. 2008. . In any effective policing system, it is necessary to distinguish between deception and non-truths uttered in criminal jurisprudence. The evidences that reinforce the experts’ deposition need to be seen in the perspective of the legality of questioning techniques. By the use of third degree, it is possible to get confessions, but it does not produce the truth of the crime, which is what criminal law and legal jurisprudence is all about. It is far more ethical for the case to be termed as being in progress, rather than send an innocent man to the gallows for a crime he did not commit, but confessed that he did, in order to escape the wrath of legal perpetrators. Its relevance in the present study is the need for interrogations to be more humane and scientifically designed and executed rather than mere browbeating suspects into confessions, whether later believed to be true, false or irrelevant. Read More