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Real Interrogations

 
 

Why People Confess

By Agent Patrick A. Ness, New Mexico State Police
 
Patrick A. Ness
As a detective assigned to interview a suspect there are certain ideas or themes I want to convey. The first goal is gaining the trust of the suspect. This is done during the rapport phase of the interview. Mirroring the suspect's body language and speech without mimicking puts the suspect at ease and subconsciously starts to bond the suspect to me. Trust is reinforced later during the interview by making statements to the suspect that seem to be harmful or at least unhelpful to the state's case. An example of one of these statements would be letting the suspect know there are no witnesses to the case but the suspect has still been linked to the crime. An example would be, "You know, Jim, we don't have any witnesses to the crime. I could have come in here and lied to you, making up witnesses, but I know you are too smart for that. There still is the problem of the forensic evidence we found at the scene that points to your involvement though." Especially with persons who have been interviewed as suspects in a crime numerous times during their lives, I will attempt to make myself unique by making statements rarely made by other officers or detectives. One such statement would be telling the suspect that 99 percent of the time it would be prudent to stop talking and consult an attorney and then tell them, "Most cops wouldn't admit that." I obviously follow this statement by informing them they are in the 1 percent where being silent is counterproductive. I have never had a suspect ask for a lawyer immediately after this dialogue.

Once rapport and trust are gained and I have presented the avalanche of evidence and circumstances pointing to the direct involvement of the suspect, I will present the critical question, "You were holding the gun when it went off weren't you?" or something similar. If done successfully the suspect's stress level would have been building -- partly from the suspect's own guilt and regret and partly because of the techniques used to enhance this stress. The physiological and psychological cues will be present and the suspect will be in a defeated posture. The presentation of the suspect's predicament shows the suspect there is no way out of the current situation. The critical question will offer the suspect relief from the effects of holding or carrying this burden by themselves. A tactful touch to the leg or arm will reinforce to the suspect their need to remove their guilt, shame and burden by confessing their involvement. I have often seen the release of anxiety and tension from a person who has just confessed.

Even though it seems illogical, confessing guilt for a person's "sins" and finding relief from the stress of carrying this burden often overrides the human impulse of self-preservation. Law enforcement would benefit from understanding this aspect of their fellow man.
 
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