When Leo’s results are broken down, we find that about 78% of the interrogated subjects ultimately waived their Miranda rights. Rather, according to Cutler and Kovera (2011, p. 55), “[e]xpert testimony that is concretely linked to trial evidence is more influential than testimony that leaves the link implicit.”. For example, in Jackson’s confession of March 22, 1992, he described Melinda Kaminski’s physical positioning during Danielson’s sexual attack as “the crab,” wherein her legs were on top of Danielson’s shoulders. The Reid technique is a method of interrogation.The psychological system was developed in the United States by John E. Reid in the 1950s, who was a psychologist, polygraph expert and former Chicago police officer. Other assumptions, such as how liars behave and what they say, have been tested but not supported. The discussion suggests that different kinds of errors, situational pressures, and decision-making can influence the interrogation process and outcome (i.e., did the process produce a false, involuntary, or unreliable confession?). Stacey L. Shipley, Bruce A. Arrigo, in Introduction to Forensic Psychology (Third Edition), 2012. In seven (4%) of the cases observed, the detective continued questioning the subject even after invoking their Miranda rights. Proper factual analysis assists the investigator in the following ways: 1. The first is termed The Threshold of Clarity Rule and states that the subject’s request for counsel meets a “threshold of clarity.” Under this rule, a subject must clearly demonstrate a request for counsel. Leo (1996), analyzing these data, states that according to his necessary conditions for coercion, police questioning involving coercive methods took place in only four (2%) of the cases. It consists of three elements, … The material presented in this program will significantly enhance the interviewing skills of Principals, Assistant Principals, Deans or any other school administrator who investigates student and/or staff misconduct or wrongdoing. These tactics are known to result in false confessions (Perillo & Kassin, 2011) and memory distortions (Luke, Crozier, et al., 2017). In those studies, the ATM tasks were developed with a continuously varying difficulty levels in order to ensure realistic ATC conditions, ie, starting form an easy level, then increasing up to a hard one and finishing with an easy one again. Assuming Mr. Danielson’s confession in the Melinda Kaminski case was false, it may have been a “Compliant False Confession,” wherein he believed he would be treated more leniently if he confessed or more punitively if he did not. The Seismic Change in Police Interrogations | The Marshall Project The Reid technique is the basis of the widely used "Criminal Interrogation and Confessions" manual we already mentioned. 전 세계 수사기관에서 활발하게 사용되고 있는 신문 기법인 리드 기법은 미국에서 1930년대부터 논의되어 1962년부터 그 틀을 잡은 상당히 역사가 깊은 수사 기법으로 우리나라에서도 비교적 활발하게 이용 및 교육되고 있다. If so, the interrogator must immediately stop questioning and hold the subject until a lawyer is available. by Fred E. Inbau, John E. Reid, et al. Social framework evidence provides jurors with background information helpful to them in understanding and processing wrongful conviction allegations related to tunnel vision, confirmation bias, eyewitness (mis)identification, false confession, coercive interrogation, forensic error and fraud, police and prosecutorial misconduct, among others. A police interrogation that induces a false confession not only may result in a wrongful incarceration or conviction, but it may also allow the true perpetrator to go free and commit additional violent crimes. direct positive confrontation, involves directly confronting the suspect with a statement that it is known If applied appropriately, this technique is considered to be effective in securing a confession. There's a discussion of the Reid technique in Carol Tavris and Elliot Aronson's Mistakes Were Made (but not by me), pp. Certain subjects may be more conducive to coercive techniques, thus rendering a subsequent confession inadmissible if such techniques are used. The arresting officer, convinced that the subject is guilty, tries to expedite justice by bringing this criminal the punishment he deserves. Michael McGrath, in Forensic Victimology (Second Edition), 2014. Detectives may also appear to want to act on behalf of the suspect and to have his best interests at heart, and there is subtle pressure on the suspect to see it that way. Research has revealed that confronting a suspect with false evidence is quite common in the United States and happens in approximately 30% of custodial interviews. ScienceDirect ® is a registered trademark of Elsevier B.V. ScienceDirect ® is a registered trademark of Elsevier B.V. Overview of the interview and interrogation process, Investigations and the Art of the Interview (Fourth Edition), Introduction to Forensic Psychology (Third Edition), How to Interview to Elicit Concealed Information, Detecting Concealed Information and Deception, Somewhat separate from questions about the effectiveness of the SUE technique, it is reasonable to inquire about the ethics of the technique, especially considering that many interview methods, such as the, ) deserves reviewing by all interested in the issue of false confessions, especially defense attorneys, prosecutors, trial judges, and appellate judges. Many who induce a false confession are unaware of what they have done. suspect vulnerabilities. Moreover, air traffic is growing exponentially, and it has been predicted to double in 2020 (Flight Safety Foundation). no.2, In all, detectives used an average of 5.62 interrogation tactics. Inbau and colleagues acknowledged this problem and recommended that this tactic be used only as a “last resort effort.” Researchers have demonstrated that North American police detectives can be very creative in devising examples of bluffing such as introducing nonexistent technology (e.g., “The Cobalt Blue test has proven that the fingerprints on the body of the victim belong to you”). Over the decades, the U.S. Supreme Court has ruled that a confession is inadmissible when police use coercive techniques or subject the suspect to abusive conditions.9. A [common] scenario presented by plaintiffs involves a youthful or otherwise suggestible suspect who is prematurely judged to be guilty by police investigators. The police later confirmed that Dercher was incarcerated at the county jail on the day of Kaminiski’s rape and murder. Dripps (1988) contends that many confessions are procured through manipulation, irrationality of the subject, and mistakes made by the subject during interrogation. Specifically, they make a distinction between social framework evidence that describes general scientific propositions and diagnostic evidence that uses general propositions to understand individual cases. With the Reid technique, arm-twisting is replaced with mind-twisting. Theme Development (Shifting the blame) 3. Reid Technique. He strongly recommends that mental health professionals or other types of human service workers are present, as soon as possible, during the interview process. Moreover, the SUE technique never advocates for the use of false evidence ploys (in which interrogators lie about having evidence that does not exist), evidence bluffs (in which interrogators claim they will soon analyze evidence that does not in fact exist), or bait questions (in which interrogators ask a suspect to respond to hypothetical evidence), all of which involve lying or actively misleading a suspect about what kind of evidence exists. This rule has more clarity and leaves little question as to whether the subject is indeed requesting counsel. [1] However, he did state that he “…occasionally observed behavior inside the interrogation room – such as yelling, table pounding, or highly aggressive questioning – that straddled the margins of legality” (p. 270). A Compliant False Confession can be coerced and is offered by the suspect to avoid external pressure or to obtain a reward. In a case of allegations of false and coerced confession, a forensic criminologist should comment on issues from an academic research perspective and not draw conclusions about the veracity of a confession. The Reid technique instructs investigators to engage in “behaviour symptom analysis,” relying on patterns of conduct that supposedly indicate whether or not the suspect is telling the truth. It is not the author’s intention to broadly disparage law enforcement. Not unexpectedly, the confessors each identify one of the other participants as the murderer. PSJ, 2013, vol.8, Given the variety of stressors and their severity, it is understandable why an officer may use underhanded tactics to obtain a confession, particularly from a suspect he or she believes is guilty. With regard to the March 1992 confessions of Jackson, Danielson, and Dercher, there is nothing inherent in the written words which would lead an observer to question their face validity. Pär Anders Granhag, Timothy J. Luke, in Detecting Concealed Information and Deception, 2018. It is up to the jury to resolve factual issues and decide whether the evidence supports claims of coerced confession. In fact, our courses have become required training programs for hundreds of departments and organizations throughout the country. 또한 용의자 또는 피의자의 자백이라는 것은 수사의 단초로도 기능할 수 있고, 동시에 다른유죄의 증거를 획득하는데 중요한 도움을 주는 기본적 자료로써의 의미도 있으나 수사에 있어신문 기법의 활용을 통하여 자백을 통해 증거를 얻어내고자 하는 것은 수사가 발전해 나감으로써 지속적으로 지향해야 하는 테마인 이른바 과학수사의 이념에 어긋나는 것이라 할 수 있다. If this is so, then what is the vetting process for using this system? The Reid technique is an extremely troubling technique that has unquestionably led to many many innocent individuals confessing to crimes that they didn’t commit. The Reid Interrogation Technique If you've ever been involved in a traffic accident with another driver, you know that responding police have one primary task: to assign blame. The Reid Technique is a notorious interview and interrogation method used by police officers and investigators. 회 열람. Diagnostic evidence is particularized expert evidence that addresses the specific facts of a case. “The phenomenon of false confession is difficult to identify and prove,” according to Leo (2018, p. 12), because they “often mimic true confessions: they are typically vivid, detailed, and contain unique non-public details that are said to reveal inside knowledge but instead are the product of police contamination (i.e., leaking or feeding of non-public case facts).”. The Reid technique of psychologically manipulating people through trickery and deceit may lead to false confessions. The fact a confession later proved to be false does not mean that investigators knew this at the time. They were just witnesses to a murder, pressured by the police to change their story until the wrong man was jailed for a crime he did not commit. Due to its higher temporal resolution and usability, in comparison with the fNIRs technique, the EEG technique overcomes such kind of issues. The EEG-based mental workload indices showed to be directly and significantly correlated with the actual mental demand experienced by the ATCOs during the entire task. Essentially, this technique involves helping a criminal to rationalize his crime as an understandable human error, which will not lead to harsh punishment due to his remorse. 따라서 수사기관은 자백을 용이하게 얻으려고 목적으로 논란이 많은 신문 기법을 발전시키고 이용하는 것에 기대지 말아야 하며 과학수사의 발전을 위한 국가의 각종 저변 확대 및 투자가 더욱 요망된다고 할 수 있다. As discussed in other portions of this book, the significant amount of stress felt by police often leads to an attitude of indifference or frustration. As we have stressed throughout this book, at the outset of each case, a forensic criminologist should conduct a thorough analysis including a comprehensive and exhaustive review of all case-related information and evidence (Turvey, 2008, pp. Thus, the risks involved with the use of the SUE technique are likely sufficiently low that rational people would consent to its use. These include telling the subject that fingerprints were found at the crime scene when in fact they were not. 리드 기법(Reid Technique)의 활용 가능성에 관한 연구 THE REID TECHNIQUE® The second rule related to the right not to self-incriminate is termed the Per Se Rule. The Reid Technique of interviewing and interrogation. The technique was created by a man named John E. Reid, and his company sells videos and other training materials teaching people the particularities of how to properly use it. Three basic rules exist to aid law enforcement agents in understanding whether a subject is requesting counsel. The jury must decide precisely how to apply the general principles to the facts at hand and decide the ultimate issues (Kennedy, 2013; Monahan and Walker, 2014; Monahan et al., 2008; Mulkey, 2009). According to DeClue (2005), psychological science increases our understanding of why some people who initially claim innocence respond to interrogation procedures by confessing – sometimes to crimes they did not commit. 1. The results showed that the effects of the task demand were evident on the EEG rhythms variations. 동 기법은 비록 과거와 같이 신체적 강압이나 협박을 통한 강제적 방법은 아니지만 수사 상대방에게 상당한 정도의 심리적 압박 내지 기망의방법을 사용하는 것이기 때문에 신문시 기망의 활용을 어느 정도 합법적인 것으로 인정하고있는 미국의 경우에는 비록 논란의 여지는 있으나 그 수사기법이 정당하고 효용성도 인정될수도 있지만 동 기법의 사용을 우리나라의 경우에 적용해 보았을 때 자백의 내용을 적은 피의자신문조서가 우리 형사소송법상 제309조 또는 제308조의2 규정에 따라 적법한 것으로 인정될 수 있는지는 상당히 의문시 된다. While the discussion thus far has focused mainly on coercive interviewing techniques, good interviewing techniques do exist and are encouraged in virtually all interrogation situations. In the case of a “Voluntary False Confession,” the subject consciously chooses, on his or her own, to confess to a crime for some ulterior motive. This single 4-day program is our most comprehensive program on THE REID TECHNIQUE® process. Obviously, the courts need clear evidence of guilt if a subject is to be convicted of a crime. In fact, there are several factors to take into account in real operational scenarios. Do you need a license to use the Reid Technique? The point is that false confessions may occur as a result of the interrogation process even though police officers will not know that this has happened in a particular case. More Buying Choices $61.23 (36 … They used to the idea and custom of beating up suspects until when the Authority gets what they wanted, coarsed confession. As quoted earlier, the parietal brain sites also play a key role in the mental workload evaluation, and Derosière et al. As McCann (1998, p. 16) puts it, “the truth or falsity of the confession are actually legal issues for the trier of fact to determine; they are not issues that behavioral science experts can definitively determine.” Drawing on criminological methods and theories, forensic criminologists can make linkages between general social science research findings and specific case questions. Move the theme of the discussion toward offering alternatives. Leo (1996) describes, using observations from 122 interrogations involving 45 different detectives, the processes and tactics utilized during a variety of interrogation sessions incorporating everything from homicide to property crimes. The Reid technique involves three different components — factual analysis, interviewing, and interrogation. These types include: (1) “Instrumental-Coerced false confessions occur, when as a result of a long or intense interrogation, suspects confess to crimes they know they did not commit” (p. 75); and (2) “An Authentic-Coerced false confession occurs when, as a product of a long or intense interrogation, suspects become convinced – at least temporarily – that they may have actually committed the crime” (p. 75). While one may be tempted to believe that police interrogations take place in prime-time television fashion, complete with 200-watt light bulbs, 8-hour grueling question-and-answer sessions, yelling in the face of the accused, and fist pounding, the reality is that the majority of interrogations normally do not take place in such a style. DiPietro (1993) also describes a number of interrogation techniques, which may, by some definitions, be considered coercive. As one may guess, this rule is itself somewhat vague and offers no specific guidelines stating what is “clear.”. The majority of these techniques are psychological in nature. However, in a recent study, Harrison et al. Later, after the court of appeals affirmed the convictions, DNA tests established that hairs found at the murder scene and cellular material found under Kaminski’s fingernails could not have come from either Jackson or Danielson. According to Faigman and colleagues (2014, p. 418), “[j]udicial analysis of ‘fit,’ expert qualifications, testability, error rates, peer review, general acceptance, helpfulness, and other traditional admissibility criteria for expert evidence will often vary, sometimes significantly,” based on the distinction between social framework evidence and diagnostic evidence. /Yong Chul Park. It is of particular ethical importance to consider (1) whether the SUE technique is deceptive and (2) the extent to which the SUE technique is deceptive, whether that deceptiveness is such that a rational person would consent to it. This technique regards as indicators of truthfulness such things as unusual details, quantity of details, descriptions of interactions, and accounts of subjective mental state [citation to Vrij, 2000; Lamb et al., 1997; Pezdek et al., 2004]. In line with Skerker (2012) and other philosophers who believe that deception is, at least under some circumstances, defensible, Hartwig et al. In the following excerpt, the forensic criminological report provides a description of the Reid Technique, a method of questioning suspects developed by consultant and polygraph expert John Reid. Suspects under this Technique would be under very unbearably agonizing stress that he or she should talk in order to get out of the worse situation. While the Country progressed, the idea of due process of law and the respect for human right even the human in this case was a suspect of horrendous crime developed. The more vulnerable members of our society – the mentally ill, intellectually/developmentally disabled (IDD), and the young – are particularly at risk for manipulation and exploitation. In one case, detectives intentionally questioned a heroin addict suffering from acute withdrawal symptoms during the second day of his incarceration, knowing his symptoms were at their worst. Last, The Clarification Rule states that if a subject makes an ambiguous request for counsel, the officers may ask for further clarification. We use cookies to help provide and enhance our service and tailor content and ads. The Reid technique is a method of questioning subjects and assessing their credibility. Offer the person an early opportunity to explain why the offense took place. (2016) argued for a less hard-line position: specifically, that we should evaluate the ethics of interview techniques by asking whether rational persons—those who are well-informed and acting in a manner that serves their interests—would consent to their use by the police, even if they involve deception. pp. Where appropriate, judge and jurors may then apply criminological knowledge, methods, and theories to the facts of the case at hand. Try to shift the blame away from the suspect to some other person or set of circumstances that prompted the suspect to commit the crime. Kassin (2008) described the three legal procedures that provide opportunities for a defendant to challenge confession evidence: “whether there was a knowing, intelligent, and voluntary Miranda waiver; whether the confession was coerced (involuntary); and whether the confession is unreliable” (p. 249). Confession Theater should not be allowed in a courtroom. The investigative authority should reconsider using this Technique in investigating suspects. This course is hosted by the Spokane County Sheriff's Office. Not by the fact that police are taught to deceive a suspect, or that they are taught how to sit or invade a suspect’s personal space, or lie about evidence or statements by others. This results in tactics that ensure quick, albeit often inappropriate, justice. Age and suggestibility were also related to Miranda competence. On one hand, Perez (2010, p. 710) suggests that the evidence that accusatory interrogations create false confessions “is considerably weak given the relatively few false confessions this tactic produces in comparison to the other two outcomes: the production of either no confession or a truthful confession.” On the other hand, Leo (2018, p. 5) contends that from the 1990s to the present, police interrogation methods and practices have become controversial because of police-induced false confessions that often lead to the wrongful conviction of the innocent, as documented by DNA and non-DNA exonerations (Kassin et al., 2009; Drizin and Leo, 2003). Promises of collateral benefits, such as the release of a family member or treatment for the subject’s substance abuse problem, are also given. For example, both EEG and fast optical signal (FOS)-based fNIR have similar bandwidth and sample rate requirements, as the FOS appears to directly reflect aggregated neural spike activity in real time and can be used as a high-bandwidth signal akin to EEG (Medvedev et al., 2008). Numerous assumptions presented in the manual, such as “two denials imply guilt” (Step 1), have never been tested empirically. It includes jurors, judges, and prosecutors unwilling to accept the fact that under the right circumstances just about anyone naïve to the criminal justice system (for whatever reason) can be victimized into a false confession. Recently, the Aviation Safety Network reported 37 accidents with 564 casualties. So so called Reid Technique was made. Proponents of the Reid technique say it is useful in extracting information from otherwise unwilling suspects. According to this rule, any reference to counsel during an interrogation session must result in the immediate cessation of questioning and the appointment of counsel to the subject. They are not allowed, however, to opine about the validity of the confession itself, for it is the jury’s responsibility to determine whether the statement is accurate. Certainty of Guilt: Starting with a direct confrontation of guilt, it is the hope of the interrogator that the innocent suspect will respond with denial, and the guilty will perceive futility in the situation and admit to guilt. If one has any psychological acumen and familiarity with false confessions, one can only be surprised and at times shocked with the content of this text. The propensity in using EEG or fNIRs techniques in such kind of HMI applications has not been clarified yet. The previous excerpt from the forensic criminological report suggests that the confessions of Jackson, Danielson, and Dercher were sufficiently consistent with each other, yet not so consistent and patterned as to imply rehearsal. Over many years, a technique known as the Reid Technique has been developed by investigators and is the most common technique used in interrogation across the U.S [citations to Inbau et al., 2001; … Unfortunately, some individuals subjected to this technique will confess to a crime they have not committed. Reid technique, interview, interrogation, trickery, confession, KCI In particular, while the task was becoming more difficult, the subjective measure was still increasing, and the BOLD signal (neurophysiological index) reached its maximum, lingering on this value. Reid technique Last updated April 07, 2020. But the problem goes deeper than the Reid Technique. THE REID TECHNIQUE ® Protecting The Innocent & Identifying The Guilty John E. Reid and Associates, Inc. 209 West Jackson Boulevard, Suite 400 Chicago IL 60606 800-255-5747 • 312-583-0700 • fax 312-583-0701 THE REID TECHNIQUE OF INVESTIGATIVE INTERVIEWING 190–193). The surprise and shock are that the authors of the, In the following excerpt, the forensic criminological report provides a description of the, Brain-Computer Interfaces: Lab Experiments to Real-World Applications, Durantin et al., 2014; Goldberg et al., 2011; Izzetoglu et al., 2004; Owen et al., 2005, Aricò et al., 2014b, 2015c; Di Flumeri et al., 2015, Journal of Applied Research in Memory and Cognition. The Reid technique is a method of interrogating suspects in a crime. | Sep 18, 2013. There should be a record of the event aside from handwritten notes or recollections. They found that “the frontal theta EEG activity was a sensitive and reliable metric to assess workload and time-on-task effect during an ATC task at the resolution of minute(s).” In other recent studies involving professional and trainees ATCOs (Aricò et al., 2014b, 2015c; Di Flumeri et al., 2015), it was demonstrated how it was possible to compute an EEG-based workload index able to significantly discriminate the workload demands of the ATM task by using machine-learning techniques and frontal–parietal brain features. Another potentially coercive method is the effect of promises on voluntariness. 4.6 out of 5 stars 53. Police are trained to deal with opposition, pressure, and denial by the suspect. Lead the suspect to repeat the admission of guilt in front of witnesses and develop corroborating information to establish the validity of the confession. Reid Technique has been around over several decades as the most widely used police tactic or strategy to elicit confession out of suspects and accused. The Positive Confrontation (Using evidence to gain offensive) 2. Jackson then sued the city for various damages from his conviction that he claimed resulted from a forcibly extracted confession. Criminologists, researchers, and police officers themselves recognize that false confessions are consistently one of the leading sources of error in the American legal system and one of the most prejudicial sources of false evidence that lead to wrongful convictions (Davis and Leo, 2014; Leo, 2008; Kassin, 2015). Then why is the reason of such critique? Conceivably, a cooperative subject may be told that he or she will be treated less harshly if cooperation is given. In a recent study, Shou et al. Thus, a forensic criminologist may draw on this classification scheme to assist courts in understanding “how” and “why” questions concerning a false confession. In another case, the “good cop/bad cop” routine was utilized on a young gang member. According to police procedure and the Fifth Amendment, prosecutors cannot use statements obtained by a subject as evidence in court unless the arresting party has ensured that the subject’s Miranda rights have been offered and explained. Months after the incident, the local police department arrested Jackson and he gave a court-reported statement implicating himself and two other men, William Danielson and William Dercher (both pseudonyms). The Reid Technique is a method of questioning subjects and assessing their credibility. Over many years, a technique known as the Reid Technique has been developed by investigators and is the most common technique used in interrogation across the U.S [citations to Inbau et al., 2001; Wrightsman and Kassin, 1993, pp. Faigman and colleagues (2014) offer an approach that forensic criminologists may find useful in criminological expert testimony relating to wrongful conviction litigation cases. The fifth edition of Criminal Interrogation and Confessions (Inbau et al., 2013) deserves reviewing by all interested in the issue of false confessions, especially defense attorneys, prosecutors, trial judges, and appellate judges. He or she is then placed under stressful interrogation conditions that include direct or implied threats of conviction or promises of leniency. Such systems will support the operator during his/her working activity in order to improve the works wellness and, most of all, the safety standards of the whole environment. While each of these are separate and distinct procedures, they are interrelated in the sense that each serves to help eliminate innocent suspects during an investigation, thereby allowing the investigator to focus upon the person most likely to be guilty.
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