how often do people blurt a confession
July 22, 2008 9:46 PM Subscribe
Crime TV Filter: What really happens during interrogations? Are the TV shows anything like actual witness/suspect interviews?
I have gotten hooked on Law and Order (and family) and grew up watching various cop shows and movies. I wanted to know if the interview process actually is anything like what they show on TV.
A) Why doesn't every suspect say they won't talk without a lawyer?
B) Do people actually breakdown and confess like they seem to on every episode?
C) What are the different levels of confinement? I have seen them referred to as "detained for questioning" and "under arrest" but I don't know what the difference really is and what other status that could be applied.
I have gotten hooked on Law and Order (and family) and grew up watching various cop shows and movies. I wanted to know if the interview process actually is anything like what they show on TV.
A) Why doesn't every suspect say they won't talk without a lawyer?
B) Do people actually breakdown and confess like they seem to on every episode?
C) What are the different levels of confinement? I have seen them referred to as "detained for questioning" and "under arrest" but I don't know what the difference really is and what other status that could be applied.
You should read the book Homicide, it answers these questions and more.
A) Many criminals are not exceptionally bright or they think they can out smart the police.
B) It happens, but it's my understanding that confessions are rare.
I'm a bit hazy on C but, it's my understanding that if you're just detained for questioning, you're free to go at any time (though the cops will try to convince you to stay).
posted by drezdn at 10:00 PM on July 22, 2008
A) Many criminals are not exceptionally bright or they think they can out smart the police.
B) It happens, but it's my understanding that confessions are rare.
I'm a bit hazy on C but, it's my understanding that if you're just detained for questioning, you're free to go at any time (though the cops will try to convince you to stay).
posted by drezdn at 10:00 PM on July 22, 2008
Heh. Bookhouse, I clicked on the thread to suggest Homicide: A Year on the Killing Streets but you beat me to it. That's a great book.
posted by sharkfu at 10:27 PM on July 22, 2008
posted by sharkfu at 10:27 PM on July 22, 2008
You should watch The First 48 on A&E. It's like Law and Order/CSI, but real. It's amazing the things cops will do/say to get a confession.
It's also interesting when the suspect "lawyers up." You can actually see the disappointment in their faces.
posted by cdmwebs at 10:36 PM on July 22, 2008 [1 favorite]
It's also interesting when the suspect "lawyers up." You can actually see the disappointment in their faces.
posted by cdmwebs at 10:36 PM on July 22, 2008 [1 favorite]
A few years back ABC ran several documentary-style reality shows. One of the people they followed (among many) in Boston was a cop. He found enough murder evidence in a car to nail a suspect, but that was not enough to make him break down and confess (this wasn't shown on camera). He actually mentioned cop shows being rather fake, even if they're entertaining.
posted by O9scar at 10:38 PM on July 22, 2008
posted by O9scar at 10:38 PM on July 22, 2008
Are the TV shows anything like actual witness/suspect interviews?
Is anything in television drama ever like reality? Not that I've ever noticed.
posted by Class Goat at 10:45 PM on July 22, 2008
Is anything in television drama ever like reality? Not that I've ever noticed.
posted by Class Goat at 10:45 PM on July 22, 2008
A & B) What you have to understand about interrogation is that it's a discipline with well-known methods. The Reid Technique defines the nine steps which you've seen in a hundred TV cop dramas; if you know them you can very often get a confession from a guilty person.
How do I know? On the one hand, I've been interrogated as a suspect before. I'm smart, and they were (provably) stupid. But I'm not an expert at being interrogated (or I wasn't then), and they were trained interrogators, and I very quickly talked myself into a corner.
On the other hand, my two best friends are trained interrogators (an NYPD detective and an FBI agent) and they've both made clear that some of the people they work with who are excellent interrogators are not otherwise geniuses but have learned with training and experience how to move a suspect through the emotional stages of resistance, denial, shame, and relief that lead to confession.
Here's a fascinating video of a real cop telling a class how he does it.
C) There's little practical difference between being detained and being arrested. The police may briefly detain a person to ask them questions concerning a crime; that person may not freely leave, and must be given a Miranda warning of their rights before they are interrogated, just like a person under arrest.
posted by nicwolff at 10:49 PM on July 22, 2008 [6 favorites]
How do I know? On the one hand, I've been interrogated as a suspect before. I'm smart, and they were (provably) stupid. But I'm not an expert at being interrogated (or I wasn't then), and they were trained interrogators, and I very quickly talked myself into a corner.
On the other hand, my two best friends are trained interrogators (an NYPD detective and an FBI agent) and they've both made clear that some of the people they work with who are excellent interrogators are not otherwise geniuses but have learned with training and experience how to move a suspect through the emotional stages of resistance, denial, shame, and relief that lead to confession.
Here's a fascinating video of a real cop telling a class how he does it.
C) There's little practical difference between being detained and being arrested. The police may briefly detain a person to ask them questions concerning a crime; that person may not freely leave, and must be given a Miranda warning of their rights before they are interrogated, just like a person under arrest.
posted by nicwolff at 10:49 PM on July 22, 2008 [6 favorites]
Check out some true-crime shows like Cold Case Files or Forensic Files, and they often show footage from actual interviews with suspects. People do confess, although probably not as often as they do on TV drama. Hell, people confess when they haven't done it.
posted by andraste at 11:26 PM on July 22, 2008
posted by andraste at 11:26 PM on July 22, 2008
Here's a fascinating video of a real cop telling a class how he does it.
Quote:
Thank god where in the United States because most interviews in Italy, Spain, and so forth start out physically [...] they can do pretty much what they want.
What an ignorant idiot. Disqualified after 40 seconds.
posted by uncle harold at 1:41 AM on July 23, 2008
Quote:
Thank god where in the United States because most interviews in Italy, Spain, and so forth start out physically [...] they can do pretty much what they want.
What an ignorant idiot. Disqualified after 40 seconds.
posted by uncle harold at 1:41 AM on July 23, 2008
we're
posted by uncle harold at 1:49 AM on July 23, 2008
posted by uncle harold at 1:49 AM on July 23, 2008
The Reid Technique
Interesting. Those "Truthful" versus "Deceptive" responses seem really subjective, though. I could see myself giving a "deceptive" response as an honest answer to a lot of those questions.
posted by Rykey at 3:59 AM on July 23, 2008
Interesting. Those "Truthful" versus "Deceptive" responses seem really subjective, though. I could see myself giving a "deceptive" response as an honest answer to a lot of those questions.
posted by Rykey at 3:59 AM on July 23, 2008
I'll second the recommendation to watch The First 48. They show actual interrogation footage. (Well, police say "interview" or "we had a talk with the suspect.")
I would never want a bad guy to get away with anything, but it's absolutely stunning to see the high percentage of suspects or "persons of interest" who go into the interview room thinking they can verbally joust with the detectives and win.
There's an interesting couple of videos (which were posted on the Blue) called "Don't Talk to the Police." Part One is by a law professor, and Part Two is by a police officer. It will take about an hour to watch them both, but it's time well spent.
posted by Fuzzy Skinner at 5:23 AM on July 23, 2008 [5 favorites]
I would never want a bad guy to get away with anything, but it's absolutely stunning to see the high percentage of suspects or "persons of interest" who go into the interview room thinking they can verbally joust with the detectives and win.
There's an interesting couple of videos (which were posted on the Blue) called "Don't Talk to the Police." Part One is by a law professor, and Part Two is by a police officer. It will take about an hour to watch them both, but it's time well spent.
posted by Fuzzy Skinner at 5:23 AM on July 23, 2008 [5 favorites]
A. People are often idiots.
B. Refer A. Please keep in mind that this can also (read: and absolutely does) happen regardless of any actual guilt.
C. Just fancy/misleading words for what is, in all likelihood, the second part of B. in full swing.
Has the same kind of 'ominous feel' to it as arrested but yet has a very tangible and inviting "you can talk your way out of this" quality to it too. (Ha ha.. Implied and otherwise!) Either way, whatever you say will be used against you and you're looking at the simplest way to the second part of C.
If you take note of anything from Law & Order... let it be this.
Get your lawyer/say nothing or say nothing/get your lawyer - either one. Or go with option A., so whichever you like?
posted by mu~ha~ha~ha~har at 9:25 AM on July 23, 2008
B. Refer A. Please keep in mind that this can also (read: and absolutely does) happen regardless of any actual guilt.
C. Just fancy/misleading words for what is, in all likelihood, the second part of B. in full swing.
Has the same kind of 'ominous feel' to it as arrested but yet has a very tangible and inviting "you can talk your way out of this" quality to it too. (Ha ha.. Implied and otherwise!) Either way, whatever you say will be used against you and you're looking at the simplest way to the second part of C.
If you take note of anything from Law & Order... let it be this.
Get your lawyer/say nothing or say nothing/get your lawyer - either one. Or go with option A., so whichever you like?
posted by mu~ha~ha~ha~har at 9:25 AM on July 23, 2008
A) Why doesn't every suspect say they won't talk without a lawyer?
Most suspects talk voluntarily, even after proper Miranda warnings. (And don't forget, the vast majority of criminal matters end in a plea bargain, not trial)
B) Do people actually breakdown and confess like they seem to on every episode?
Rarely. According to the Inbau & Reid book, conscience-stricken confessions are rare and should be viewed with suspicion
posted by Brian James at 9:32 AM on July 23, 2008
Most suspects talk voluntarily, even after proper Miranda warnings. (And don't forget, the vast majority of criminal matters end in a plea bargain, not trial)
B) Do people actually breakdown and confess like they seem to on every episode?
Rarely. According to the Inbau & Reid book, conscience-stricken confessions are rare and should be viewed with suspicion
posted by Brian James at 9:32 AM on July 23, 2008
I'm always amazed by how easy it is to get many suspects to talk (I read a huge number of police reports at my job, and am with police during questioning not infrequently). People like to tell their story. Sometimes they are very convinced they were right and they KNOW that if they can just get their story out, the police will see their side of it-and cops are very good at playing into this. Sometimes, they feel guilty and (maybe subconsciously) want the crime off their chest.
So, in a case of sex abuse, for instance, the bad guy will start by denying any touching at all, then perhaps move to "well, maybe one night accidentally", and the cop will use fake-understanding and empathy "Hey, that could happen to anyone!" coupled with firm direction and confrontation "Bob, we've got to be honest with each other here, and I can tell you're bullshitting me. This wasn't the only time, was it?" to move him farther through the process.
I would also add that I am continually stunned by how dumb and cocky most criminals are, so I think it's not that hard to outsmart 'em. After all, anyone who thinks robbing a minimart for $70 is a great financial decision isn't probably the brightest bulb on the christmas tree. Of course, the fact that folks are often high doesn't hurt. It sure isn't SPECTRE.
posted by purenitrous at 9:40 AM on July 23, 2008 [3 favorites]
So, in a case of sex abuse, for instance, the bad guy will start by denying any touching at all, then perhaps move to "well, maybe one night accidentally", and the cop will use fake-understanding and empathy "Hey, that could happen to anyone!" coupled with firm direction and confrontation "Bob, we've got to be honest with each other here, and I can tell you're bullshitting me. This wasn't the only time, was it?" to move him farther through the process.
I would also add that I am continually stunned by how dumb and cocky most criminals are, so I think it's not that hard to outsmart 'em. After all, anyone who thinks robbing a minimart for $70 is a great financial decision isn't probably the brightest bulb on the christmas tree. Of course, the fact that folks are often high doesn't hurt. It sure isn't SPECTRE.
posted by purenitrous at 9:40 AM on July 23, 2008 [3 favorites]
I would also add that I am continually stunned by how dumb and cocky most criminals are,
Indeed. I've had my credit card stolen out of the mail (when it was being renewed), and the crooks got pizza delivered with it. I've had a digital camera stolen and when the police dropped by the prime suspect's house a day later it was full of photos of the crooks mugging it for the camera.
posted by rodgerd at 12:11 PM on July 23, 2008
Indeed. I've had my credit card stolen out of the mail (when it was being renewed), and the crooks got pizza delivered with it. I've had a digital camera stolen and when the police dropped by the prime suspect's house a day later it was full of photos of the crooks mugging it for the camera.
posted by rodgerd at 12:11 PM on July 23, 2008
A) Why doesn't every suspect say they won't talk without a lawyer?
The television shows probably wouldn't have enough to make the story line make sense in that tidy 1-hr-with-so-many-commercial advertisements time slot if the alleged criminals didn't spill at least a portion of their guts to law enforcement characters.
Pleading the FIF would mean giving no names, dates, locations, actions, or exchanges.
Related, nthing the 'Don't Talk to Police' video two-parter. Worth the watching.
posted by mcbeth at 2:38 PM on July 23, 2008
The television shows probably wouldn't have enough to make the story line make sense in that tidy 1-hr-with-so-many-commercial advertisements time slot if the alleged criminals didn't spill at least a portion of their guts to law enforcement characters.
Pleading the FIF would mean giving no names, dates, locations, actions, or exchanges.
Related, nthing the 'Don't Talk to Police' video two-parter. Worth the watching.
posted by mcbeth at 2:38 PM on July 23, 2008
A criminal suspect who is in custody of police is under tremendous pressure. It's very easy, as a person who never gets in legal trouble and thus has no first-hand experience as a suspect, to talk about how "stupid" suspects are and how this stupidity leads them to speak to the police without a lawyer. But in fact, the pressure that leads criminal suspects to speak without a lawyer would have the same effect on lots of otherwise savvy and educated people.
Purenitrous is correct in saying that suspects often think they can "talk their way out of it" and want the chance to tell their story.
A big part of the explanation, I think, is that the uncertainty of being in the position of a suspect is so intolerable that many suspects confess in order to restore some degree of certainty to their world.
posted by jayder at 8:18 PM on July 23, 2008
Purenitrous is correct in saying that suspects often think they can "talk their way out of it" and want the chance to tell their story.
A big part of the explanation, I think, is that the uncertainty of being in the position of a suspect is so intolerable that many suspects confess in order to restore some degree of certainty to their world.
posted by jayder at 8:18 PM on July 23, 2008
Just watched the "Don't Talk to Police" videos-- very interesting. But they raised a question for me:
If such-and-such a statement to police can lead to their twisting your words, falsely "remembering" what you said, or even outright lying, what would stop a cop who really wants to nail your ass from just making up whatever (s)he wants, even if you remained silent through your whole interview? That is, what guarantee do you have that the cop will honor your choice to exercise your rights under the Fifth Amendment? In fact, wouldn't pleading the Fifth make a cop more resentful and more likely to just make shit up?
Wouldn't the net effect of such a situation be the same as what the law professor described if you talk-- a police officer's word against yours?
posted by Rykey at 8:59 PM on July 23, 2008
If such-and-such a statement to police can lead to their twisting your words, falsely "remembering" what you said, or even outright lying, what would stop a cop who really wants to nail your ass from just making up whatever (s)he wants, even if you remained silent through your whole interview? That is, what guarantee do you have that the cop will honor your choice to exercise your rights under the Fifth Amendment? In fact, wouldn't pleading the Fifth make a cop more resentful and more likely to just make shit up?
Wouldn't the net effect of such a situation be the same as what the law professor described if you talk-- a police officer's word against yours?
posted by Rykey at 8:59 PM on July 23, 2008
Rykey, this is exactly why there is a bill being debated in MD (pdf warning) right now to force the police to videotape interviews with murder suspects. Some think all interviews of felony suspects should be taped.
posted by QIbHom at 8:32 AM on July 24, 2008
posted by QIbHom at 8:32 AM on July 24, 2008
This thread is closed to new comments.
b). In discussions with the police, yes. In courtrooms, no. See the same chapter of Homicide to see how cops elicit confessions.
c). I'm not qualified to talk about this one.
posted by Bookhouse at 9:57 PM on July 22, 2008