Interrogations and Confessions Review

These flashcards cover key concepts from the lecture on interrogations and confessions, focusing on admissibility, the Reid Technique, types of confessions, and legal protections for suspects.

What determines the admissibility of a confession?

Whether the confession was made voluntarily.

What was a key ruling in R. v. Hodgson (1998) regarding confessions?

'No statement made out of court by an accused to a person in authority can be admitted into evidence unless it was made freely and voluntarily.'

What is the first test in R v. Oickle (2000) for determining the voluntariness of confessions?

The suspect must be of sound operating mind.

List two factors that could make a confession inadmissible.

Physical abuse, threats of torture.

What interviewing techniques might police legally use to obtain a confession?

Lying within limits, good-cop, bad-cop routine.

What are the rights of suspects according to the Canadian Charter of Rights and Freedoms?

Right to silence and right to legal counsel.

How many suspects typically waive their right to silence according to Snook et al. (2010)?

25% of suspects.

What impact does stress have on understanding one's rights during an interrogation?

Understanding reduces when conditions are stressful.

Why are confessions considered powerful in the context of juror perceptions?

They lead to higher conviction rates.

What is the Fundamental Attribution Error in relation to confessions?

The tendency to attribute someone’s behavior to internal factors and ignore situational influences.

What is a 'voluntary false confession'?

When a suspect confesses to a crime they know they did not commit without coercion.

What is a 'coerced-compliant false confession'?

When a suspect falsely confesses to escape interrogation or for perceived benefits.

What is a 'coerced-internalized false confession'?

When a suspect comes to believe they committed a crime due to coercive interrogation techniques.

What percentage of known wrongful convictions in the USA involve false confessions?

Approximately 25%.

What distinguishes an interrogation from an interview?

Interrogations aim to obtain confessions; interviews focus on gathering information.

What three steps are involved in the Reid Technique?

Factual analysis, Behaviour Analysis Interview, Interrogation.

What does the Reid Technique's 'minimization' involve?

Creating a false sense of security for the suspect.

What is 'social isolation' in the context of coercive interrogation tactics?

Interrogating the suspect alone, without support.

What is one of the four strategies utilized in the Reid Technique to exert control?

Loss of control from physical environment or conversation dynamics.

What controversy surrounds the 'Mr. Big' technique in Canada?

It is considered coercive and violates suspect rights but is still admissible in court.

What reform is suggested to reduce false confessions?

Video recording of interrogations.

What is the PEACE method in interrogation?

A non-coercive information-gathering approach that includes Preparation, Engagement, Account, Closure, and Evaluation.

What did the Police and Criminal Evidence Act (PACE) change regarding interrogations?

It made it illegal to lie to suspects about evidence and requires recording of interrogations.

How did confession rates change after the implementation of the PACE Act?

Confession rates have not reduced.