Confessions And Police Detention

First published in 1997, Interrogation and Confession has two important concerns. The first is with the structures and strategies that have evolved within the criminal justice system not only to entrench the confession as key item of prosecution evidence but also to legitimate the custodial interrogation of suspects by law enforcement personnel. The second major concern is with kinds of police-suspect encounter that appear in official accounts of custodial interrogation. Based upon a systematic analysis of prosecution papers associated with over 650 Crown Court cases, the author provides vivid and challenging insights into the nature of police-suspect relations and closely examines: the extent to which evidence is constructed (rather than elicited); how far formal rules impact upon the character and form of police-suspect relations during interrogation; the circumstances in which suspects elect or decline to cooperate with the police; and the extent to which records of custodial interrogation can be said to be complete, accurate and reliable.

Uses techniques from psychological science and legal theory to explore police interrogation in the United States Understanding Police Interrogation provides a single comprehensive source for understanding issues relating to police interrogation and confession. It sheds light on the range of factors that may influence the outcome of the interrogation of a suspect, which ones make it more likely that a person will confess, and which may also inadvertently lead to false confessions. There is a significant psychological component to police interrogations, as interrogators may try to build rapport with the suspect, or trick them into thinking there is evidence against them that does not exist. Also important is the extent to which the interrogator is convinced of the suspect’s guilt, a factor that has clear ramifications for today’s debates over treatment of black suspects and other people of color in the criminal justice system. The volume employs a totality of the circumstances approach, arguing that a number of integrated factors, such as the characteristics of the suspect, the characteristics of the interrogators, interrogation techniques and location, community perceptions of law enforcement, and expectations for jurors and judges, all contribute to the nature of interrogations and the outcomes and perceptions of the criminal justice system. The authors argue that by drawing on this approach we can better explain the likelihood of interrogation outcomes, including true and false confessions, and provide both scholars and practitioners with a greater understanding of best practices going forward.

The Council of Europe