What science can teach us about “Enhanced Interrogation”

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Contaminated Confessions Revisited

A second wave of false confessions is cresting. In the first twenty-one years of post-conviction DNA testing, 250 innocent people were exonerated, forty of which had falsely confessed. Those false confessions attracted sustained public attention from judges, law enforcement, policymakers, and the media. Those exonerations not only showed that false confessions can happen, but did more by shedding light on the problem of confession contamination, in which details of the crime are disclosed to suspects during the interrogation process. As a result, false confessions can appear deceptively rich, detailed, and accurate. In just the last five years, there has been a new surge in false confessions — a set of twenty-six more false confessions among DNA exonerations. All but two of these most recent confessions included crime scene details corroborated by crime scene information. Illustrating the power of contaminated false confessions, in nine of the cases, defendants were convicted despite DNA tests that excluded them at the time. As a result, this second wave of false confessions should cause even more alarm than the first. In the vast majority of cases there is no evidence to test using DNA. Unless a scientific framework is adopted to regulate interrogations, including by requiring recording of entire interrogations, overhauling interrogation methods, providing for judicial review of reliability at trial, and informing jurors with expert testimony, the insidious problems of confession contamination will persist

Electronic Recording of Police Interrogations

Policy recommendation: All Virginia state law enforcement agencies to adopt a written department policy requiring electronic recording of any custodial interrogation conducted in a place of detention

Interrogation Policies

Despite growing concern regarding the problem of false confessions, including due to high profile DNA and death row exonerations, far too little is known about police interrogations in practice, including the written procedures that govern interrogations. This Essay provides a first study of police interrogation policies, focusing on written policies adopted by Virginia law enforcement agencies. Reviewing FOIA responses from over 180 agencies, the study found that few agencies require recording of entire interrogations as a matter of policy; nine did so. Over half, or 58 of 116 policies obtained, made recording an option, but did not encourage it or provide guidance on how to record. Only a handful of policies provided guidance on conducting juvenile interrogations. No policies contained guidance on interrogation of intellectually disabled individuals. Only a handful said anything about how to properly conduct an interview, or cautioning against feeding facts through leading questions. About one-third of the policies, or 41 of 116, were very brief and chiefly noted that the Miranda warnings must be given. In addition, 58 agencies lacked written policies on interrogations. A real overhaul of interrogation policy and practice is necessary in jurisdictions like Virginia, to safeguard evidence in the most serious cases, and in far more mundane cases, such as those involving vulnerable juveniles

'Where Lies this Power Divine?': The Representation of Kingship in Aphra Behn's Early Tragicomedies

This essay examines the representation of kingship in Behn's two early tragicomedies, The Young King and The Forc'd Marriage, arguing that they present astute interrogations of the doctrine of divine right monarchy which was peddled so zealously during the first decade of the Restoration

The Substance of False Confessions

A puzzle is raised by cases of false confessions: How could an innocent on convincingly confess to a crime? Postconviction DNA testing has now exonerated over 250 convicts, more than forty of whom falsely confessed to rapes and murders. As a result, there is a new awareness that innocent people falsely confess, often due to psychological pressure placed upon them during police interrogations. Scholars increasingly examine the psychological techniques that can cause people to falsely confess and document instances of known false confessions. This Article takes a different approach, by examining the substance of false confessions, including what was said during interrogations and how the confession statements were then litigated at trial and postconviction. Doing so sheds light on the phenomenon of confession contamination. Not only can innocent people falsely confess, but all except two of the exonerees studied were induced to deliver false confessions with surprisingly rich, detailed, and accurate information. We now know that those details could not have likely originated with these innocent people, but rather must have been disclosed to them, most likely during the interrogation process. However, our constitutional criminal procedure does not regulate the postadmission interrogation process, nor do courts evaluate the reliability of confessions. This Article outlines a series of reforms that focus on the insidious problem of contamination, particularly videotaping interrogations in their entirety, but also reframing police procedures, trial practice, and judicial review. Unless criminal procedure is reoriented towards the reliability of the substance of confessions, contamination of facts may continue to go undetected, resulting in miscarriages of justice

Justifying Justice: Six Factors of Wrongful Convictions and Their Solutions

There have been over 300 post-conviction DNA exonerations in the history of the United States. While this number may initially seem significant, there is still an unfathomable population of wrongfully convicted prisoners who have yet to be considered for retrials. Unaddressed wrongful conviction cases highlight the unacceptable weaknesses in the U.S. justice system, weaknesses that include poor investigative tactics and the acceptance or allowance of inaccurate and unreliable evidence. This paper will dutifully analyze the causes that lead to wrongful convictions and amply discuss potential solutions, all of which includes eyewitness misidentification, improper forensics, false confessions, informants, government misconduct, and insufficient lawyering

Ultra-cold Polarized Fermi Gases

Recent experiments with ultra-cold atoms have demonstrated the possibility of realizing experimentally fermionic superfluids with imbalanced spin populations. We discuss how these developments have shed a new light on a half- century old open problem in condensed matter physics, and raised new interrogations of their own.Comment: 27 pages; 8 figures; Published in Report in Rep. Prog. Phys. 73 112401 (2010