A polygraph, often incorrectly referred to as a lie detector test, is a junk science device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers; however, there are no specific physiological reactions associated with lying, making it difficult to identify factors that separate those who are lying from those who are telling the truth.
Interrogation is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful information, particularly information related to suspected crime. Interrogation may involve a diverse array of techniques, ranging from developing a rapport with the subject to torture.
A forced confession is a confession obtained from a suspect or a prisoner by means of torture or other forms of duress. Depending on the level of coercion used, a forced confession is not valid in revealing the truth. The individuals being interrogated may agree to the story presented to them or even make up falsehoods themselves in order to satisfy the interrogator and discontinue their suffering.
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.
The prohibition of torture is a peremptory norm in public international law – meaning that it is forbidden under all circumstances – as well as being forbidden by international treaties such as the United Nations Convention Against Torture. It is generally agreed that torture is inherently morally wrong because all forms of torture "involve the intentional infliction of extreme physical suffering on some non-consenting and defenceless person", although it does not necessarily follow that torture is wrong in all circumstances. In practice, torture has been employed by many or most prisons, police and intelligence agencies throughout the world. Philosophers are divided on whether torture is forbidden under all circumstances or whether it may be justified in one-off situations, but without legalization or institutionalization.
Within the criminal justice system of Japan, there exist three basic features that characterize its operations. First, the institutions—police, government prosecutors' offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the shared goals of limiting and controlling crime. Second, citizens are encouraged to assist in maintaining public order, and they participate extensively in crime prevention campaigns, apprehension of suspects, and offender rehabilitation programs. Finally, officials who administer criminal justice are allowed considerable discretion in dealing with offenders.
A false confession is an admission of guilt for a crime which the individual did not commit. Although such confessions seem counterintuitive, they can be made voluntarily, perhaps to protect a third party, or induced through coercive interrogation techniques. When some degree of coercion is involved, studies have found that subjects with highly sophisticated intelligence or manipulated by their so-called "friends" are more likely to make such confessions. Young people are particularly vulnerable to confessing, especially when stressed, tired, or traumatized, and have a significantly higher rate of false confessions than adults. Hundreds of innocent people have been convicted, imprisoned, and sometimes sentenced to death after confessing to crimes they did not commit—but years later, have been exonerated. It was not until several shocking false confession cases were publicized in the late 1980s, combined with the introduction of DNA evidence, that the extent of wrongful convictions began to emerge—and how often false confessions played a role in these.
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, e.g. as "a statement admitting or acknowledging all facts necessary for conviction of a crime," which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense. The equivalent in civil cases is a statement against interest.
Lie detection is an assessment of a verbal statement with the goal to reveal a possible intentional deceit. Lie detection may refer to a cognitive process of detecting deception by evaluating message content as well as non-verbal cues. It also may refer to questioning techniques used along with technology that record physiological functions to ascertain truth and falsehood in response. The latter is commonly used by law enforcement in the United States, but rarely in other countries because it is based on pseudoscience.
Richard Jason Ofshe is an American sociologist and professor emeritus of sociology at the University of California, Berkeley. He is known for his expert testimony relating to coercion in small groups, confessions, and interrogations.
The Norfolk Four are four former United States Navy sailors: Joseph J. Dick Jr., Derek Tice, Danial Williams, and Eric C. Wilson, who were wrongfully convicted of the 1997 rape and murder of Michelle Moore-Bosko while they were stationed at Naval Station Norfolk. They each declared that they had made false confessions, and their convictions are considered highly controversial. A fifth man, Omar Ballard, confessed and pleaded guilty to the crime in 2000, insisting that he had acted alone. He had been in prison since 1998 because of violent attacks on two other women in 1997. He was the only one of the suspects whose DNA matched that collected at the crime scene, and whose confession was consistent with other forensic evidence.
Statement analysis, also called scientific content analysis (SCAN), is a pseudoscientific technique for analyzing the words people use to try to determine if what they said is accurate. Proponents claim this technique can be used to detect concealed information, missing information, embedded confessions and whether the information that person has provided is true or false.
Saul Kassin is an American academic, who serves as a professor of psychology at the City University of New York's John Jay College of Criminal Justice and Massachusetts Professor Emeritus of Psychology at Williams College in Williamstown, Massachusetts.
Imagination inflation is a type of memory distortion that occurs when imagining an event that never happened increases confidence in the memory of the event.
Scenes of a Crime is a documentary film that focuses on the case of Adrian P. Thomas who was the subject of nearly 10 hours of interrogation by Troy, New York police, culminating in a controversial confession and high profile murder trial. The film won multiple festival awards, a Gotham Award for "Best Film Not Playing At Theater Near You," played theatrically and was broadcast nationally. Reviews of the film were highly favorable.
Adrian P. Thomas was a father of seven children living in Troy, New York, when, in September 2008, his four-month-old son died. A preliminary medical examination indicated that the infant died from head trauma. The police interrogated Thomas for nearly 10 hours during which he confessed to throwing his son on the bed three times. The entire interrogation was videotaped. He was charged with second-degree murder, found guilty, and sentenced to 25 years to life in prison.
Juan A. Rivera Jr. is an American man who was wrongfully convicted three times for the 1992 rape and murder of 11-year-old Holly Staker in Waukegan, Illinois. He was convicted twice on the basis of a confession that he said was coerced. No physical evidence linked him to the crime scene. In 2015 he received a $20 million settlement from Lake County, Illinois for wrongful conviction, formerly the largest settlement of its kind in United States history.
Laura Nirider is an American attorney and legal scholar working as an associate professor of law and the co-director of the Center on Wrongful Convictions at Northwestern University Pritzker School of Law. An expert on false confessions, Nirider specializes in representing young people who confessed to crimes they did not commit, and working to reform the process of police interrogation. Nirider's work gained international visibility following her involvement in several high-profile cases involving juvenile confessions. Her clients have included Brendan Dassey, whose case was profiled on the Netflix documentary Making a Murderer, and Damien Echols of the West Memphis Three, whose case was profiled on the HBO series Paradise Lost and the documentary West of Memphis. She also hosts a podcast on false confessions, entitled Wrongful Conviction: False Confessions.
Investigative interviewing is a non-coercive method for questioning victims, witnesses and suspects of crimes. Generally, investigative interviewing "involves eliciting a detailed and accurate account of an event or situation from a person to assist decision-making". This interviewing technique is ethical and research based, and it stimulates safe and effective gathering of evidence. The goal of an investigative interview is to obtain accurate, reliable and actionable information. The method aims at maximising the likelihood of obtaining relevant information and minimise the risks of contaminating evidence obtained in police questioning. The method has been described as a tool for mitigating the use of torture, coercion and psychological manipulation, and for averting forced confessions and errors of justice leading to wrongful convictions and miscarriages of justice.
The PEACE method of investigative interviewing is a five stage process in which investigators try to build rapport and allow a criminal suspect to provide their account of events uninterrupted, before presenting the suspect with any evidence of inconsistencies or contradictions. It is used to obtain a full account of events from a suspect rather than just seeking a confession - which is the goal of the Reid technique, in which interrogators are more aggressive, accusatory, and threatening in terms of proposing consequences for the suspect's failure to confess to the crime.
