On #WrongfulConvictionDay we are reminded that #falseconfessions contribute to ~30% of these miscarriages of justice. Not only does this mean the wrong person is convicted, but the actual perpetrator remains free.
What can be done to fix the false confession problem? 🧵
What can be done to fix the false confession problem? 🧵
1 - Record the entire conversation. This doesn't fix the problem, but provides transparency to the process. Was there coercion? Contamination? Go to the tape.
nytimes.com/2019/08/01/opi…
nytimes.com/2019/08/01/opi…
2 - Bring science into practice. Investigators should embrace the research to understand the risks of certain tactics (minimization) but also the importance of others (rapport). @f_alceste @JeffKukucka @WlliamCrozierIV @jenperillo @ADPerillo @mariahartwig + others!
3 - Bring practice into science. Experienced practitioners should be included in research discussions, creating research questions and providing insight - cases still need to be solved. Check out insights from pro's like @glynco, @SMKleinman and Jim Trainum.
4 - Legislative reform. We need to assist the courts on how to measure reliability/voluntariness of confessions. Great success in '21 and '22 with support from LE's in banning deception! Follow @bexybrown and @NathanielErb to learn more about these efforts.
5 - Hear the stories. Falsely confessing is best explained by those who have been put in that helpless position. Follow @xoner8ed, @amandaknox and listen to testimony from people like Terrill Swift - nbcchicago.com/top-videos-hom…
6 - Talk with advocates/attys/post-conviction pro's. They've seen it all and can help investigators learn what the consistent red flags are. Understand how to prevent f/c but also ensure reliable confessions are admissible. @LauraNirider @SDrizin @SuterLaw @VanessaPotkin
7 - Follow the cases and the data. We don't just think this is a problem - we have the data to prove it. Read the stories and follow the cases to learn how to get involved. A few groups... @innocence @InnocenceNtwrk @NorthwesternCWC @MidAtlanticIP @CA_Innocence @FLA_Innocence
8 - Identify coercive techniques. The false evidence ploy (lying about evidence), minimizing consequences, making threats and promises - these are all common in f/c cases. Understand what they sound like & hold yourself/teams accountable. They all challenge reliability.
9 - Review for contamination. The confession contains details, great-but where did they come from? Many f/c contain details that were provided by the investigator throughout the interview or 3rd parties (media, witnesses, etc). Check out amzn.to/3Ct5Mnu by Jim Trainum.
10 - Train on solutions. We know "what not to do" - but investigators need alternatives. Evidence-based approaches embrace research and practical app. The #MendezPrinciples provide guidance for exactly that.
Investigators need support - not in the way "it's always been done".
Investigators need support - not in the way "it's always been done".
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