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False Memory in Criminal Investigation

C. J. Brainerd and V. F. Reyna

in The Science of False Memory

Published in print:
2005
Published Online:
January 2008
ISBN:
9780195154054
eISBN:
9780199868384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195154054.003.0006
Subject:
Psychology, Cognitive Psychology

This chapter examines false-memory phenomena in adult witness interviews and in eyewitness identification of suspects. The chapter is divided into two sections. The first section contains examples of ... More


Limitations of the Original Opinion

Lawrence S. Wrightsman and Mary L. Pitman

in The Miranda Ruling: Its Past, Present, and Future

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.003.004
Subject:
Psychology, Forensic Psychology

This is the first of four chapters describing different causes for the less-than-anticipated impact of the Miranda decision. The decision was a compromise, and did not go as far as it could have. For ... More


True and False Confessions: Different Outcomes, Different Processes

Barry C. Feld

in Kids, Cops, and Confessions: Inside the Interrogation Room

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814727775
eISBN:
9780814770467
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814727775.003.0007
Subject:
Sociology, Law, Crime and Deviance

This chapter reviews research on false confessions and contrasts them with routine felony interrogations. Studies of false confessions identify recurring elements: poor investigations that ... More


Kids, Cops, and Confessions: Inside the Interrogation Room

Barry C. Feld

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814727775
eISBN:
9780814770467
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814727775.001.0001
Subject:
Sociology, Law, Crime and Deviance

Juveniles possess less maturity, intelligence, and competence than adults, heightening their vulnerability in the justice system. For this reason, states try juveniles in separate courts and use ... More


False Confessions and Their Causes

William Douglas Woody and Krista D. Forrest

in Understanding Police Interrogation: Confessions and Consequences

Published in print:
2020
Published Online:
September 2020
ISBN:
9781479860371
eISBN:
9781479828128
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479860371.003.0005
Subject:
Sociology, Law, Crime and Deviance

The authors open this chapter with an examination of the complex false-confession case of the Beatrice Six, in which six innocent defendants pleaded guilty to or were convicted of a heinous assault ... More


Untrue Confessions

Brian H. Bornstein and Jeffrey S. Neuschatz

in Hugo Münsterberg's Psychology and Law: A Historical and Contemporary Assessment

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190696344
eISBN:
9780190696375
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190696344.003.0007
Subject:
Psychology, Forensic Psychology

Münsterberg frames this chapter by discussing a notorious Chicago case where he received considerable criticism for arguing that the defendant—who was subsequently convicted and executed—had ... More


Costs and Consequences of Deception, Coercion, and False Confessions: The Norfolk Four

William Douglas Woody and Krista D. Forrest

in Understanding Police Interrogation: Confessions and Consequences

Published in print:
2020
Published Online:
September 2020
ISBN:
9781479860371
eISBN:
9781479828128
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479860371.003.0006
Subject:
Sociology, Law, Crime and Deviance

This chapter introduces readers to the Norfolk Four, whose false confessions led to years in prison despite failure of their confessions to fit evidence and differences among their confessions. The ... More


Jurors Can Distinguish True from False Confessions

Brian H. Bornstein and Edie Greene

in The Jury Under Fire: Myth, Controversy, and Reform

Published in print:
2017
Published Online:
February 2017
ISBN:
9780190201340
eISBN:
9780190201357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190201340.003.0006
Subject:
Psychology, Forensic Psychology

This chapter explores the myth that juries can determine the authenticity of a confession presented as evidence during a trial. It explains why most confessions are likely to be believed by jurors: ... More


Confessions

Daniel Reisberg

in The Science of Perception and Memory: A Pragmatic Guide for the Justice System

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199826964
eISBN:
9780190204518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199826964.003.0008
Subject:
Psychology, Cognitive Psychology

There may be no stronger form of evidence than a confession from a suspect. Indeed, in Bruton v. United States, the Supreme Court noted that a confession is “probably the most probative and damaging ... More


Safeguards

William Douglas Woody and Krista D. Forrest

in Understanding Police Interrogation: Confessions and Consequences

Published in print:
2020
Published Online:
September 2020
ISBN:
9781479860371
eISBN:
9781479828128
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479860371.003.0008
Subject:
Sociology, Law, Crime and Deviance

This chapter examines safeguards for suspects and defendants who provide false or coerced confessions, opening with laypersons’ typical acceptance of confessions. The authors then review protections ... More


Conclusions and Recommendations

William Douglas Woody and Krista D. Forrest

in Understanding Police Interrogation: Confessions and Consequences

Published in print:
2020
Published Online:
September 2020
ISBN:
9781479860371
eISBN:
9781479828128
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479860371.003.0009
Subject:
Sociology, Law, Crime and Deviance

This final chapter provides an array of recommendations that address individual factors, interactions, and the totality of the circumstances. The authors recommend continuing education about ... More


Police Reactions to the Miranda Requirements

Lawrence S. Wrightsman and Mary L. Pitman

in The Miranda Ruling: Its Past, Present, and Future

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.003.007
Subject:
Psychology, Forensic Psychology

When the Miranda decision was announced, police feared it would inhibit their effectiveness in gaining the cooperation of suspects. This fear has not been borne out; 80 % of suspects waive their ... More


The Current Nature of Police Interrogation

William Douglas Woody and Krista D. Forrest

in Understanding Police Interrogation: Confessions and Consequences

Published in print:
2020
Published Online:
September 2020
ISBN:
9781479860371
eISBN:
9781479828128
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479860371.003.0003
Subject:
Sociology, Law, Crime and Deviance

This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and ... More


When Exoneration Seems Hopeless: The Special Vulnerability of Sexual Abuse Suspects to False Confession

Deborah Davis and Richard A. Leo

in Wrongful Allegations of Sexual and Child Abuse

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198723301
eISBN:
9780191789700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723301.003.0013
Subject:
Law, Criminal Law and Criminology, Legal Profession and Ethics

This chapter considers vulnerability among innocent sexual abuse suspects to interrogation-induced false confession. Abuse claims often entail seemingly credible victim claims against suspects who ... More


Interrogating Criminal Suspects: Law on the Books and Law in Action

Barry C. Feld

in Kids, Cops, and Confessions: Inside the Interrogation Room

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814727775
eISBN:
9780814770467
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814727775.003.0001
Subject:
Sociology, Law, Crime and Deviance

This chapter reviews the three constitutional strategies used by the U.S. Supreme Court to regulate police interrogation. It argues that these strategies fail because the Court has no way to ... More


Confessions

Deborah Tuerkheimer

in Flawed Convictions: "Shaken Baby Syndrome" and the Inertia of Injustice

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199913633
eISBN:
9780199361830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199913633.003.0006
Subject:
Law, Criminal Law and Criminology, Medical Law

Using confessions to establish the validity of a medical diagnosis raises serious concerns. First, statements framed by doctors and prosecutors as confessions may not actually be confessions. Second, ... More


Understanding Police Interrogation: Confessions and Consequences

William Douglas Woody and Krista D. Forrest

Published in print:
2020
Published Online:
September 2020
ISBN:
9781479860371
eISBN:
9781479828128
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479860371.001.0001
Subject:
Sociology, Law, Crime and Deviance

What drives suspects to confess during police interrogation? In particular, why do some people falsely confess to serious crimes, despite both the likelihood of severe negative consequences and their ... More


Now the Rest of the Story: The Collaborative Production of Confession Narratives in Police Interrogations

Gary C. David and James Trainum

in The Discourse of Police Interviews

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226647654
eISBN:
9780226647821
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226647821.003.0006
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Stories are a primary mechanism for communicating and sharing information. A confession is a certain type of storytelling. As a storytelling, confessions are unique in that the listeners (i.e. law ... More


Police Interrogation and Coercion in Domestic American History: Lessons for the War on Terror

Richard A. Leo and K. Alexa Koenig

in Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226529387
eISBN:
9780226529554
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226529554.003.0008
Subject:
Law, Human Rights and Immigration

Many US police departments used physical and psychological coercion in their interrogation methods from the late nineteenth century to the present, though there has been a marked transition from the ... More


The Discourse Structure of Blame Mitigation in a Police Interrogation

Philip Gaines

in The Discourse of Police Interviews

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226647654
eISBN:
9780226647821
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226647821.003.0005
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Most American police interviewers have traditionally employed a range of manipulative interrogation techniques on suspects whom they deem to be guilty in order to extract a confession. Scholars of ... More


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