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10 . INTERROGATION: PURPOSE AND PRINCIPLES nay still provide potentially 241 mental to the suspect's case This experiment demonstrates ay be achieved. the powerful influence of evidence, particularly physical evidence, in facts that seem to building on the internal, self-gen- It, this is ignored erated, psychological pressure of a guilty person. Horowitz then notes he suspect: that confession (even to offenses not committed) can be obtained through time; duress such as torture, brutality, and ulterior motive, excessive or prolonged psychological AP Photo/Haraz Ghanbari, file pressure. But, he adds, this is unneces- sary if the suspect is indeed guilty, and Figure 10.1 ents, a weapon, if certain other social-psychological conditions prevail. In this 2005 file photo released by the U.S. Military, ankle handcuffs are shown locked to the chair and floor in an interrogation room at Guan- tanamo Bay Naval Base, Cuba. Allegations of abuse in Guantanamo have surfaced, including the use of controversial interrogation techniques such ending to sup- as "waterboarding." insufficient by Horowitz: Basic Concepts wledging guilt. An understanding of Horowitz's five social-psychological concepts will help to explain why a person confesses. They are: (1) accusation, (2) available evidence, (3) friendly and hostile forces, (4) guilt feelings, and, finally, (5) confession as a way out. may be found in the Accusation: The person under interrogation must be mentally or visually aware of m Sargant). The law an accusation. The accusation may be explicit-made directly at the start of an interroga- generally taken little tion, or it may be implicit in the interrogator's attitude and demeanor-communicated by Pointing to a problem nothing more than a raised eyebrow. As a result, the person perceives that he or she has been accused of, based on guilt feelings, projects such a perception. According to Horowitz, whether the accusation is explicit or implicit makes no essential difference in the suspect's ? Why does social-psychological situation. ry worst, no Some consequences flow from the perception of accusation. One is the feeling that er off) from one's psychological freedom and movement are curtailed; another is being placed on unsure act?3 ground where the familiar clues governing behavior in normal situations are missing. Being interviewed for a job can produce a similar feeling. In either situation, the accused is largely spected of cheating supported by available ego defense responses. There is . . . no role if you will, that he can utilize in this situation. He must behave, then, in stereotyped and compulsive ways. He feels that he has been person- nts]. There ally attacked, hemmed in, constricted. This perception of accusation to the imply and guilty person must inevitably produce defense for an attacked ego. Indeed answers on incidence. even innocent persons frequently feel guilty when falsely accused. Whether guilty or innocent, the individual is in a difficult position. Feeling cornered, urprise of freedom is the main concern, but the route appears blocked. The strength of the percep- e in these tion of accusation is subjective; it is "a function of the person rather than a function of the s without objective strength of the authority itself."6 he nature , and notCRIMINAL INVESTIGATION 242 Evidence is Available: The first response, especially of the guilty person, to the realization of being accused is to become worried and psychologically unsettled. Guilt Feelings: G [The accused's] . . . perceptual structure is unstable. This is so because he forthcoming: does not know exactly how much is actually known to the accuser. Perhaps the accuser is bluffing, in which case one might brazen it out. Perhaps the It should be ... accuser knows all, in which case one is better off to ask for sympathetic mind guilty and treatment or to argue for extenuating circumstances. Most usually, the truth or wrong and he lies between these extremes but the accused doesn't know exactly where.? Confession, therefor An accusation in and of itself implies that a certain amount of evidence is indeed and questioned. The co available. When hard evidence is produced, any logical person will infer at some point in death is the rightful pu the interrogation that he or she "is caught with the goods." Their psychological position is a clear indication of From this perspective, becoming precarious, freedom is even more threatened. It is not essential, however, that hard evidence be produced-believing that it is available may suffice. The accused may "read into was "only carrying out therefore, confirms tha what may be innocent things in reality, portents which need not be there." Hence, failing when police know the k lie detector examination often leads to confession (though the failure is not admissible as guilt feelings helps to evidence in court-except by stipulation). Hearing that an accomplice is "just starting to Ordinarily, most talk" or that crime scene evidence has been taken to the laboratory may reinforce natural right conduct having b anxiety and provoke a confession. Indeed, the considerable potential of physical evidence becomes strong enough is not taken advantage of by many investigators, owing to a lack of training and education accusation, physical ev in understanding crime laboratory results. This point has been made before, and probably stress. As stated at the will be again; it is worth reemphasizing. Playing one co-offender against the other (using (explained below) can the revelations of each on the other) is an additional means of indicating that "evidence is considers how stress w available." Also useful is framing a question to imply that its answer is already known (e.g, "You bought the gun, not your partner-is that correct?") Confession: Co Motive is not normally thought of as evidence, but if it has been determined-espe- are aware of their vu cially for crimes in which it is particularized rather than universal, as in homicide-this ratio of power comp information can be put to good use during interrogation. The victim may be able to suggest good evidence of [the a motive. Sometimes it can be surmised by the shrewd investigator from facts developed and the need for reli during the investigation or from similar cases. Because suspects believe that motive has that confession is the evidentiary value, they often believe that it has furnished evidence by providing a reason easy for the person t for the crime. district attorney, rep ity are the rule in rel Forces-Friendly and Hostile: It should be obvious from the foregoing that any soul," but a person al factors contributing to psychological uneasiness will also be conducive to confession. must be removed w Accordingly, any legally permitted action that either reduces the forces friendly to the Sentiments that coul accused, or increases the hostile forces, can enhance the likelihood of a confession: 'I've heard what you probably not the la . . . the suspect must perceive . . . that the total hostile array of power exceeds considerations and the total array of friendly power that he can martial [sic]. . . . In short, the person must believe he is alone, or nearly alone. He is cut off from succor. His situation is such that salvation lies only in him.' Pavlov: Basi This is why an interrogation is not conducted in the comfort of the suspect's living Ivan Pavlov, a room, convivial drinks in hand, surrounded by supportive family members. members . On the courant. and the nervous sy (the sound of a bel to the suspect. the characteristically dreary police station house unintentionally minimizes forces friendly taste of food), to conditioned refle of stress created10 . INTERROGATION: PURPOSE AND PRINCIPLES 243 person, to the ettled. forthcoming: Guilt Feelings: Guilt feelings must be present in order for a confession to be use he erhaps It should be ... clear that if a person does not feel guilt he is not in his own ps the mind guilty and will not confess to an act which others may regard as evil thetic or wrong and he, in fact, considers correct. " truth re. Confession, therefore, is rare when the "hit man" in a gangland killing is apprehended and questioned. The code of silence (omerta) among these criminals acknowledges that nce is indeed death is the rightful punishment for those who break it. The assignment to execute anyone some point in is a clear indication of gangland trust; the execution carried off, a path to advancement. gical position From this perspective, there is little if any reason for the gunman to feel guilt. The killer ever, that hard was "only carrying out orders" or "the punk had it coming." Hard empirical evidence, nay "read into therefore, confirms that admissions of or confessions to gangland killings are rare, even Hence, failing when police know the killer's identity and interrogate him or her. Horowitz's statement on guilt feelings helps to explain this phenomenon. admissible as Ordinarily, most people feel guilt as a consequence of wrongdoing, their sense of st starting to right conduct having been violated. When it moves beyond mere self reproach, the feeling force natural becomes strong enough to cause the person's inner peace to crumble. Then other factors-an sical evidence accusation, physical evidence, or both-have a cumulative effect by generating psychological nd education stress. As stated at the onset, Pavlov also studied this process. Understanding his theory and probably explained below) can increase the chances of obtaining a confession. Although his study other (using considers how stress was induced in dogs, it may apply to humans as well. "evidence is known (e.g., Confession: Confession should be presented as a way out. Under interrogation, people are aware of their vulnerability and weakness when accused by "an authority with a high ined-espe- ratio of power compared to the forces [they] can martial [sic]." Perceiving "that there is icide-this good evidence of [their] guilt," they feel guilty, are mindful of loneliness, inner ferment, le to suggest and the need for relief." At this point in the process, investigators should make them aware ts developed that confession is the path to deliverance and mental freedom. Meanwhile, it must be made motive has easy for the person to confess. A crowd of onlookers-police chief, captain of detectives, ing a reason district attorney, reporters-is not conducive to this end. This is why privacy and anonym- ity are the rule in religious and psychiatric practice. Confessing may well be "good for the soul," but a person about to do so must be made to feel comfortable. Any residual hesitancy g that any must be removed with assurances that their emotions are at least understood, if not shared. confession. Sentiments that could convey this might include: "Tell me about it, and you will feel better," dly to the I've heard what you're going to tell me before," "You're not the first to do this, and you're probably not the last," or "Lots of people have had the same idea." Minimizing the ethical ion: considerations and seriousness of their conduct makes it easier for a person to confess. is Pavlov: Basic Concepts Ivan Pavlov, a Russian scientist, won the Nobel Prize in 1904 for research on digestion CARLDO ect's living and the nervous system. Working with dogs, he found that an artificial stimulus or signal e contrary, (the sound of a bell) could, by repeated association, be substituted for a natural stimulus (the es friendly taste of food), to cause a physiological response (salivation). Pavlov called this response the conditioned reflex. By varying the artificial stimulus or signal, he could estimate the extent of stress created from the amount of saliva produced by the animal. Assuming that dogsDiscussion Forum A' On page 239 of the textbook, Horowitz: Basic Concepts, there are a number of approaches to interviewing suspects. Which do you feel is most effective, and why