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Interrogations, Confession, and Lie Detection 1 Chapter Application: Interrogations, Confession, and Lie Detection Helms School of Government, Liberty University
Interrogations, Confession, and Lie Detection 2 Abstract The primary objective of interrogation is to elicit incriminating statements, admissions, and, potentially, full confessions to secure convictions of individuals suspected of criminal activities. Interrogations have a historical backdrop characterized by brutal methods and physical coercion before the 1930s. This examination delves into the intricacies of interrogation techniques, their historical evolution, and their contemporary use in obtaining confessions. It also explores the ethical dilemmas and consequences of coercive interrogations that lead to false confessions. In lie detection, traditional methods based on human judgment have limitations, including confirmation bias. The use of polygraph tests, while an advancement, is also flawed, as professional liars can remain unaffected, and innocent suspects may exhibit stress responses. Neuroscience offers a novel but not infallible approach to lie detection. The intricate nature of human behavior further complicates the challenge of discerning truthfulness, emphasizing the need for more comprehensive and reliable methods in legal contexts. The biblical worldview on confession and honesty is presented in a unique perspective. It contrasts with modern interrogations, as confession in the biblical context is directed towards God, emphasizing spiritual restoration and mercy. Ethical conduct, integrity, and accountability are accentuated, aligning with biblical teachings but sometimes diverging from the practices of law enforcement agencies. Keywords : interrogation, confession, false confessions, coercion, lie detection, polygraph tests, deception, Biblical perspective, ethics, Law Enforcement
Interrogations, Confession, and Lie Detection 3 Chapter Application: Interrogations, Confession, and Lie Detection The primary objective of interrogation is to elicit incriminating statements, admissions, and, potentially, full confessions in order to secure convictions of individuals suspected of criminal activities. Interrogations are typically conducted by law enforcement officers, such as detectives and police, to investigate criminal suspects. In the era before the 1930s, these interrogations often resorted to brutal methods and physical coercion to extract confessions, a practice highlighted by Costanzo and Krauss in their work (2021). The confession itself is closely intertwined with the process of interrogation, functioning as a powerful scare tactic to compel individuals to admit their involvement in criminal acts. This process involves a spectrum of tactics, including what is commonly portrayed as the "good cop, bad cop" approach, a familiar practice in popular crime dramas like Law & Order, Chicago PD, or the NCIS franchise. This evaluation of research explores interrogation techniques' historical evolution and contemporary use in extracting confessions. Additionally, it will explore the contexts in which lie detection is employed to uncover the truth or verify the credibility of suspects and witnesses, shedding light on the intricacies of this crucial aspect of the criminal justice system. Interrogation and Confession In the context of criminal interrogations, law enforcement officers and detectives employ a series of strategic steps to elicit confessions from suspects. These strategies are integral to the interrogation process and are designed to create a sense of discomfort in the suspect, ultimately leading them to admit to an alleged crime. The first of these strategies involves the deliberate imposition of a loss of control, typically achieved by confining the suspect to a confined space, granting the interrogator a position of authority and control. Subsequently, the suspect may be subjected to social isolation, wherein they are interrogated in solitary
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Interrogations, Confession, and Lie Detection 4 confinement and deprived of contact with the outside world, including legal counsel, friends, or family. This isolation removes any potential sources of motivation or emotional support for the suspect, benefiting the interrogator's objectives. The third strategy is centered on guilt, as interrogators accuse the suspect of the crime, pressing them to confront their perceived wrongdoing. The final step involves minimizing culpability, during which the interrogator presents the suspect with reasons and justifications for their alleged criminal actions, hoping to elicit a confession (Costanzo & Krauss, 2021). Confessions obtained through such interrogation tactics are crucial evidence; however, their accuracy can vary significantly depending on the methods employed. In some cases, interrogations can become coercive, pushing suspects to a state of physical and mental exhaustion, resulting in false confessions for crimes they did not commit. It is not uncommon for individuals subjected to lengthy and harsh interrogations to ultimately admit to crimes they did not commit. Shockingly, in 2016, 27% of known wrongful convictions were attributed to false confessions, further emphasizing the need for scrutiny in such cases (Costanzo & Krauss, 2021). A compelling example of a false confession can be found in the case of the West Memphis Three. In 1993, three boys were murdered in West Memphis, Arkansas, resulting in the conviction of Damien Echols, Jessie Misskelly Jr., and Jason Baldwin. Jessie Misskelly Jr., with an IQ of 72, was categorized as borderline intellectual functioning. He was then questioned alone without any legal guardian, parental figure, or legal counsel present. His confession, obtained after hours of interrogation, was later recanted, as he claimed it was given under duress, intimidation, fatigue, and veiled threats from the police (Selby, 2023). Misskelly, despite being informed of his Miranda rights, maintained that he did not fully comprehend them. It is worth noting that the Arkansas Supreme Court ruled that his confession was voluntary despite his
Interrogations, Confession, and Lie Detection 5 evident limitations, thereby illustrating a prime example of a false confession resulting from coercive interrogation tactics. Such cases underscore the significance of safeguarding the rights and well-being of suspects during the interrogation process (Costanzo & Krauss, 2021). Lie Detection Detecting deception during interrogations and court proceedings poses a formidable challenge for detectives and legal authorities. Traditional methods of identifying deception often rely on observing body language, demeanor, and detectives' experience. However, these approaches are susceptible to human error and the confirmation bias inherent in psychological judgments (Costanzo & Leo, 2009). To address these limitations, polygraph tests, often perceived as lie detectors, have been employed to monitor physiological changes, such as blood pressure, in suspects during questioning. However, similar to human judgment, polygraphs have their own shortcomings. Professional liars may remain emotionally unaffected, rendering the polygraph ineffective in detecting deception. Moreover, innocent suspects can exhibit heightened physiological responses due to the stress of false allegations, leading to erroneous conclusions by the polygraph machine (Littlefield, 2011). Another stimulating data point from Littlefield’s book, The Lying Brain , is the argument that Neuroscience offers a fresh perspective or innovative approach as applied to lie detection. However, it inadvertently perpetuates established scientific and cultural paradigms concerning deception and its mechanical identification. This approach presupposes that lies are quantifiable entities reflected in the physiological responses of the autonomic and central nervous systems. It further assumes that the human body generates objective data that can be straightforwardly and unequivocally interpreted while implying that deception necessitates recognizing and suppressing truth. Such assumptions, deeply rooted in
Interrogations, Confession, and Lie Detection 6 scientific and cultural discourse, underscore the need for critical examination and reevaluation of the fundamental principles underpinning the neuroscience of lie detection (Littlefield, 2011). The intricate nature of human behavior further compounds the complexity of determining the veracity of confessions and statements during interrogations. Detectives and interrogating officers grapple with the challenge of accurately discerning whether a person is truthful. Observing body language and demeanor becomes crucial, as subtle cues may betray deceit. Some experienced officers excel in recognizing these nuanced indicators of deception, a skill refined through extensive exposure to individuals attempting to conceal their involvement in criminal activities (Costanzo & Krauss, 2021). However, the inherent difficulty in assessing truthfulness underscores the potential for interrogators to err in their judgments, emphasizing the need for a more comprehensive and reliable approach to deception detection in legal contexts. Interrogation, Confessions, and Lying from a Biblical Worldview As interpreted in the biblical worldview, the concept of confession diverges from the objectives of modern interrogations and the pursuit of truth. Biblically, confession is primarily directed towards God, acknowledging and seeking forgiveness for one's sins. This spiritual restoration aspect contrasts sharply with the confessions elicited by interrogators and detectives, which primarily serve punitive purposes. Christian doctrine emphasizes voluntary confessions as a means to attain divine mercy. Proverbs 28:13 states, “Whoever conceals his transgressions will not prosper, but he who confesses and forsakes them will obtain mercy” (ESV, 2016). Similarly, Psalms 119:29 invokes a plea to be freed from falsehood and granted heavenly understandings and guidance. However, the methods employed in modern interrogations often diverge from these principles, prioritizing legal outcomes over any personal redemption.
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Interrogations, Confession, and Lie Detection 7 Additionally, law enforcement officials' ethical conduct may be questioned, as the pursuit of a confession might entail tactics that do not align with Christian teachings. A Christian worldview hinges on the importance of honesty and integrity and believes that those who engage in falsehood or harm the innocent will ultimately face judgment from the Lord. This biblical perspective emphasizes that all individuals, suspects, or interrogators are equally accountable to God for their actions. The biblical perspective on confession and honesty deviates from the objectives and methods of modern interrogations, stressing the importance of ethical conduct, honesty, and accountability within law enforcement in both spiritual and legal contexts.
Interrogations, Confession, and Lie Detection 8 References Costanzo, M., & Krauss, D. (2021). Forensic and Legal Psychology (4th ed.). Worth Publishers. Costanzo, M., & Leo, R. A. (2009). Research and Expert Testimony on Interrogations and Confessions . Social Science Research Network. https://ssrn.com/abstract=1521647 Holy Bible: English Standard Version (2016). https://www.bible.com/ (Original Work Published 2001) Littlefield, M. M. (2011). The Lying Brain: Lie Detection in Science and Science Fiction. University of Michigan Press Selby, D. (2023, June 7). West Memphis Three: What you should know about their Wrongful Conviction . Innocence Project. https://innocenceproject.org/who-are-west-memphis-three- damien-echols/