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False Confessions: Causes, False Confessions: Causes, Consequences & SolutionsConsequences & Solutions

Richard Leo, Ph.D., J.D.

Associate Professor

University of San Francisco

School of Law

(415) 661-0162

Email: rleo@uci.edu

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11stst Part of Talk: Overview Part of Talk: Overview

How do we know that false confessions are a problem?

Why do the innocent falsely confess?What are the consequences of false

confession?

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Studies of Documented Studies of Documented False ConfessionsFalse Confessions

Author/Year # in Study

# of False Confessions

%Wrongful

Conviction

Bedau/Radelet (1987) 350 49 14%

Leo/Ofshe (1998) 60 60 N/A

Warden (2003) 42 25 60%

Drizin/Leo (2004) 125 125 N/A

Gross et al. (2005) 340 51 15%

Innocence Project

(2006)

180 44 24%

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Pathways to False ConfessionPathways to False Confession

1st: The Misclassification Error2nd: The Coercion Error3rd: The Contamination Error

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Consequences of False Consequences of False Confessions: The SystemConfessions: The System

POLICE:

Close Case, Ignore Contradictory Evidence, Refuse to Admit Error

PROSECUTORS:

Set Higher Bail, More and Higher Charges, Make Centerpiece of State’s Case

DEFENSE ATTORNEYS:

Presume Client’s Guilt, Pressure Client to Plead Guilty

JURIES:

More Likely to Convict, Even if Confession Was Coerced

JUDGES:

Sentence Higher for Failure to Show Remorse

POST-CONVICTION:

Law Almost Never Permits Appeals Based on Innocence

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22ndnd Part of Talk: A Closer Look Part of Talk: A Closer Look

The Psychology of Police Interrogation and False Confession– The Decision to Interrogate– The Two Step Process of Interrogation– The Psychology of Compliance & Persuasion– Risk Factors

Minimizing and Preventing False Confessions: Possible Reforms

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Reforms: Electronic RecordingReforms: Electronic Recording

The Problem of “Misleading Specialized Knowledge”

Case Studies:– 1) Earl Washington– 2) Bruce Godschalk

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Other Possible ReformsOther Possible Reforms

Improve Police Interrogation Training and Practice

Hold Pre-Trial Reliability HearingsLimit/Prohibit Certain Interrogation TacticsCautionary Jury Instructions