Interrogation Paper

1023 WordsApr 27, 20125 Pages
Interrogation, Miranda, and Invocations of the Rights to Silence and to Counsel I am a "Law & Order" addict who thinks I could get a perp to confess. A little glaring, some getting in the guy's face, a revelation that his fingerprints are all over the murder weapon and voilà! He's recounting his crime. In real life, police interrogation requires more than confidence and creativity (although those qualities do help) -- interrogators are highly trained in the psychological tactics of social influence. Getting someone to confess to a crime is not a simple task, and the fact that detectives sometimes end up with confessions from the innocent testifies to their expertise in psychological manipulation. No two interrogations are alike, but most exploit certain weaknesses in human nature. These weaknesses typically rely on the stress that results when people experience contrasting extremes, like dominance and submission, control and dependence, and the maximization and minimization of consequences. Even the most hardened criminal can end up confessing if the interrogator can find the right combination of circumstances and techniques based on the suspect's personality and experiences. In the United States, scholars estimate that somewhere between 42 percent and 55 percent of suspects confess to a crime during interrogation. (policeinterrogation) (crimeandclues)Does the change in the FBI’s policy guidance have implications for what methods of interrogation could be used? No. Regardless of Miranda, the most pressing issue here is the “voluntariness” rule. Under the 5th Amendment, a person’s statement may not be admitted at trial if it was produced involuntarily. In brief, that means the government overcome the person’s will in forcing the statement from him or her (a standard less demanding than, say, torture or even CID (cruel, inhuman, or degrading treatment).
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