Statements: Why suspects talk
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Anyone who has watched Cops, Law & Order, Boston Legal or any of the crime-related television shows that have come and gone throughout the years knows that anything a suspect says can be used against them. Likewise, most people have at least a vague understanding of their Miranda rights, i.e. right to an attorney and right to remain silent. Thus, they would likely be surprised at large number of suspects that sing like a bird without an attorney usually assuring at least a conviction, and in many cases, a prison sentence. The purpose of this article is to help to explain why so many people talk and why most attorneys wish their clients never said a word. However, this article should not be considered legal advice. I am not advising anyone whether or not they should speak to the police or anyone else. I can only advise to seek your own legal counsel with regard to any legal questions you may have.
-Why do the police want a statement?
Police almost always try to get a suspect to make a statement. The reasons are obvious. Unlike the police on television shows, real world police do not have the time or the manpower for drawn out investigations. The fastest way to solve a case is with a confession. Once a confession is obtained, the police can focus the rest of the investigation on obtaining corroborating evidence so that the confession does not stand alone in case it is later challenged. Even a statement that stops short of a complete confession can be used to support a case against the suspect as it may limit suspects or show that the suspect had a motive or opportunity to commit the offense. Finally, a statement full of lies can be used to impeach a suspect if they elect to testify. Thus, for the rest of the article I will be using the term "statement" to refer to any discussion a suspect has with the police regardless of whether it could be a considered a true confession.
-Reason 1: Embarrassment
The reasons why a suspect chooses to make a statement are more complex. One reason is embarrassment. This is often seen with crimes of a sexual nature such a molestation, solicitation via the Internet or child pornography. Suspects can justify their behavior using numerous psychological mechanisms, most of which may be subconscious. Anyone who has watched any of the episodes of the "to Catch a Predator Series" has seen the excuses that the suspects give to Chris Hanson once they are confronted. Having the police, or in those cases an authority figure, confront them about their actions causes the suspect to also confront themselves with their actions. This creates embarrassment that often lasts for a long period of time. The suspect is also somewhat shocked over their behavior. Thus, they are often quick to explain their actions not just for the police, but also themselves. While the explanations may vary, they are usually accompanied by statements that seek acknowledgment from the police that they would never really harm a child or that the conduct was abnormal behavior.
-Reason 2: Respect for authority
Another reason why a suspect makes a statement is a general desire to please authority figures. We are taught to respect parents, police officers, judges and other figures of authority. It is the reason why police officers, security guards and other professions require uniforms; they command respect. Even though they may not explicitly say it, police make it clear that they are looking for the suspect to make some type of statement. In addition, the police can use a polite tone, an offer of water or a cup of coffee along with a perceived desire to help the suspect to create an impression that they more of a friend and not necessarily a disciplinarian. To the suspect, refusing to give a statement is like slapping away a helping hand. Thus, in an effort to please the authority figure, the suspect makes a statement. Again, this operates largely on the subconscious level and the suspect may have difficulty articulating exactly why they made a statement. They may say that they thought this would help their case even though the police never made any statements regarding possible plea deals. Without any explicit promise of leniency from the police, the suspect will have a difficult time arguing that the statement was coerced.
-Reason 3: Leniency and other misperceptions
Speaking of leniency, many suspects somehow believe that a confession will help them somehow. This may be largely related to the previous two reasons except that the motivation here is the desire both to help oneself and the police. I've heard numerous reasons for giving a statement. Some of them are specific, such as a lowered bail or lower charges. Even though they were never promised or even suggested, they were expected. Others are rather vague, such as, I just thought it would help. Once again, the subconscious is largely at work here. As previously indicated, the police give plenty of verbal and non-verbal cues to indicate that they want a statement. In addition, secrets can be tough to handle psychologically. Thus, when the suspect makes a statement, he feels good to "get it off his chest". Since they feel that the police will be just as happy, they expect to be rewarded. After all, aren't we trained to expect rewards for pleasing others? Of course, the police are usually the only ones receiving the reward.
-Reason 4: Coercion
Less skilled interrogators resort to coercion to get suspects to make statements. In order for this to work, the coercion usually has to be intense either in strength or duration. Otherwise it just looks sloppy and unprofessional. A light form of coercion is often seen when police say to a suspect, "c'mon, we know it didn't happen like that" or "we know that is not true, just tell us what really happened" over and over again. It is one thing to confront the person with a lie but it becomes coercion when it gets very repetitive. Police may say this over a dozen time over the course of only 15 minutes. More serious forms of coercion take place over many hours, often with a deprivation of water, phone and bathroom. I refer to all of this as coercion as there is no skill, thought or technique. It is simply brute force whether its 15 minutes or 8 hours. Richard Ofshe http://en.wikipedia.org/wiki/Richard_Ofshe is the best expert on this topic.
-Reason 5: Interrogation techniques
Suspects also make statements when the police are successful in breaking down the suspect's psychological defenses. There are some police officers that obtain (more like coerce) a statement from a suspect by making false promises with regard to a lower bail, lower sentences or other promises that they usually cannot fulfill. However, this is usually not a deciding factor in whether or not a suspect makes a statement so it is only offered by untrained police. Instead, the barrier most suspects have in making a statement is the fear that the police officer will think that they are a bad person. We all want to be liked and enjoy a good reputation in our community, especially among authority figures as I have previously discussed. Even though a police officer may make it clear that they desire a statement, the suspect may fear that the police officer will think that they are a bad person even though they are pleasing them by giving them what they want. To break down this barrier, the police use a number of interviewing and interrogation techniques.
While entire courses are taught regarding these techniques, the two common features of these techniques are confrontation and rationalization. The suspect has to be confronted with some evidence so that he is confident that the police have conducted a thorough investigation and they will not be swayed by the suspect's lies. In fact, this is usually done before the suspect has a chance to speak so that the suspect does not have a chance to fabricate a story. This backs the suspect into a corner to the point where there are few, if any avenues for escape via fabrication. The police officer can then use rationalizations to allow the suspect to save face and admit their involvement in the crime without fear of judgment by the officer. Of course, this can be a tight tight rope walk as the police officer does not want to offer such a good defense that the suspect can use it at later at trial. Once a suspect is assured the police officer will not judge them for their conduct, the suspect starts talking. In some cases, the turn can be dramatic and visually apparent. The suspect's head may sink and they can start crying. Once the suspect is willing to talk, the rationalization is discarded and the facts of the event are elicited in more detail. A quiet and reserved tone by the police officer is usually all that is needed to maintain the suspect's willingness to talk.
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