PROTOCOL: Interview and interrogation methods and their effects on true and false confessions: An update and extension.

This is the protocol for a Campbell systematic review. The objective is to assess the effects of interrogation approach on confession outcomes for criminal (mock) suspects.

Guilty plea hearings in juvenile and criminal court.

OBJECTIVE: In guilty plea hearings, judges must determine whether defendants' plea decisions were made knowingly, intelligently, and voluntarily. Little is known, however, about how plea hearings unfold, especially in juvenile court, where hearings are generally closed to the public. In this study, we had the unique opportunity to systematically observe plea hearings in juvenile and criminal court. HYPOTHESES: We predicted that plea hearings would be brief and that defendant participation, especially among juveniles, would be minimal. We also explored how often judges addressed the plea validity components of knowingness, intelligence, and voluntariness and whether addressing these components differed by the type of court (juvenile, criminal), pretrial custody status, and pled-to charge severity. METHOD: Trained coders in California (n = 104, juvenile court) and Virginia (n = 140, juvenile court; n = 593, criminal court) systematically observed more than 800 guilty plea hearings. Coders reliably documented hearing length, whether the defendant was in pretrial custody, whether the evidence was reviewed, details on defendant participation, and judicial attention to plea validity. RESULTS: On average, juvenile plea hearings lasted about 7 min and criminal plea hearings lasted 13 min. Prosecutors rarely reviewed evidence against the defendants in the juvenile courts, and in one juvenile court, judges paid virtually no attention to plea validity. In the other two courts, certain waived rights (e.g., to trial, to silence) were reviewed consistently. Depending on the court, hearing length and plea validity elements addressed varied by defendants' prehearing custody status and the pled-to charge severity. CONCLUSIONS: These findings provide novel insight into how components necessary for plea admissibility-knowingness, voluntariness, and intelligence-are discussed with defendants and, in doing so, raise concerns about the degree to which plea validity is actively assessed in plea hearings. Plea hearings are formal, minutes-long events in which defendant engagement is low. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

Cumulative Disadvantage: A Psychological Framework for Understanding How Innocence Can Lead to Confession, Wrongful Conviction, and Beyond.

False confessions are a contributing factor in almost 30% of DNA exonerations in the United States. Similar problems have been documented all over the world. We present a novel framework to highlight the processes through which innocent people, once misidentified as suspects, experience cumulative disadvantages that culminate in pernicious consequences. The cumulative-disadvantage framework details how the innocent suspect's naivete and the interrogator's presumption of guilt trigger a process that can lead to false confession, the aftereffects of which spread to corrupt evidence gathering, bias forensic analysis, and virtually ensure wrongful convictions at trial or through pressured false guilty pleas. The framework integrates nascent research underscoring the enduring effects of the accumulated disadvantages postconviction and even after exoneration. We synthesize findings from psychological science, corroborating naturalistic evidence, and relevant legal precedents to explain how an innocent suspect's disadvantages can accumulate through the actions of law enforcement, forensic examiners, prosecutors, defense attorneys, judges, juries, and appeals courts. We conclude with prescribed research directions that can lead to empirically driven reforms to address the gestalt of the multistage process.

State of the States: A survey of statutory law, regulations and court rules pertaining to guilty pleas across the United States.

A psycholegal research agenda on guilty pleas is in its nascent stage. Multijurisdictional surveys of related law and policy may advance this research agenda by focusing investigators on the specifics of existing policies and motivating cross-jurisdictional comparisons of diverse policies. We thus conducted a systematic, national survey of statutes, regulations and court rules across the United States pertaining to nine aspects of the guilty plea process, including sentencing differentials, collateral consequences and waiver of rights, which have been identified in existing legal and psycholegal research and commentary. Following a discussion of these issues, including legal concerns and existing research findings, we present the results of our systematic survey. We supplement this review with a non-systematic sampling of appellate case law. Broadly, there was notable diversity in whether and how jurisdictions approached these issues. We discuss general and specific implications of our findings for future research, emphasizing the importance of data on actual policies and procedures to the design of studies that may contribute to evidence-based criminal justice policy.

Overcoming Disclosure Reluctance in Youth Victims of Sex Trafficking: New Directions for Research, Policy, and Practice.

An alarming number of youth worldwide are victims of commercial sexual exploitation, particularly sex trafficking. Normative developmental processes and motivations across the adolescent period-the age when youth are at greatest risk for trafficking-combined with their history, make them highly likely to be reluctant to disclose their exploitation to police, who often encounter victims because they are suspected of delinquency and crime and who interrogate the victims as suspects. Little scientific and policy attention has been devoted to understanding how to question these victims in a way that reduces their disclosure reluctance and increases their provision of legally relevant information. In the current review, we describe research concerning trafficking victims' histories and exploitative experiences, juvenile suspects' and victims' encounters with the legal system, and best-practice forensic interviewing approaches to elicit disclosures from child victims. We highlight the implications of these areas for understanding the dynamics between how police encounter and interact with adolescent trafficking victims and whether and how the victims disclose trafficking details during these interactions. We close with an agenda for research to test interviewing methods for suspected victims of sex trafficking and with policy and practice recommendations for interviewers.

On the general acceptance of confessions research: Opinions of the scientific community.

Eighty-seven experts on the psychology of confessions-many of whom were highly published, many with courtroom experience-were surveyed online about their opinions on 30 propositions of relevance to deception detection, police interrogations, confessions, and relevant general principles of psychology. As indicated by an agreement rate of at least 80%, there was a strong consensus that several findings are sufficiently reliable to present in court. This list includes but is not limited to the proposition that the risk of false confessions is increased not only by explicit threats and promises but by 2 common interrogation tactics-namely, the false evidence ploy and minimization tactics that imply leniency by offering sympathy and moral justification. Experts also strongly agreed that the risk of undue influence is higher among adolescents, individuals with compliant or suggestible personalities, and those with intellectual impairments or diagnosed psychological disorders. Additional findings indicated that experts set a high standard before judging a proposition to be sufficiently reliable for court-and an even higher standard on the question "Would you testify?" Regarding their role as scientific experts, virtually all respondents stated that their primary objective was to educate the jury and that juries are more competent at evaluating confession evidence with assistance from an expert than without. These results should assist trial courts and expert witnesses in determining what aspects of the science are generally accepted and suitable for presentation in court. (PsycINFO Database Record

The psychology of defendant plea decision making.

Every day, thousands of defendants, prosecutors, and defense attorneys must make guilty plea decisions, such as whether to accept a plea offer or proceed to trial. Most defendants opt to plead guilty; approximately 95% of state and federal convictions result from guilty pleas. In light of a newly emerging body of research and recent Supreme Court decisions on guilty pleas, this article asks and answers 2 questions: First, who pleads guilty and why? We describe the characteristics of those who are more or less likely to plead guilty, and examine the reasons why individuals plead guilty instead of proceeding to trial, exploring the cognitive, social influence, and developmental factors that underlie decision making. Second, are defendants' plea decisions valid, in that the decisions are made knowingly, intelligently, voluntarily, and with a factual basis of guilt? That is, do defendants who plead guilty understand and appreciate the conditions and consequences of their pleas, as required by law? Are innocent people induced to plead guilty to crimes they did not commit? We conclude with suggestions to move the field of plea research forward. (PsycINFO Database Record

To plead or not to plead: A comparison of juvenile and adult true and false plea decisions.

In a criminal justice system in which almost every adjudicated defendant, regardless of age, pleads guilty, it becomes important to understand the decision-making process underlying this choice. In the present research, we examined how age (juvenile vs. young adult), guilt versus innocence, and plea comprehension influenced the decision to plead guilty and the underlying plea rationale. We found that whereas age did not affect willingness to plead guilty when participants were asked to assume guilt in a hypothetical scenario, juveniles were more than twice as likely as young adults to plead guilty when asked to assume innocence. In addition, consistent with past research and developmental theory, juveniles were significantly less likely than adults to consider the short- and long-term consequences of the decision, and to understand and appreciate plea-related information. We also found that legal knowledge, after controlling for age, was positively (albeit weakly) related to plea decisions, but only for guilty participants. Implications for juveniles and adults involved in the criminal justice system, as well as wrongful convictions, are discussed. (PsycINFO Database Record

The Impact of Community Treatment on Recidivism Among Mental Health Court Participants.

OBJECTIVE: A core component of mental health courts (MHCs) is the provision of community treatment in order to reduce arrests. However, research on the components of treatment received by MHC participants is rare. This study examined the impact of community treatment on arrests in an MHC sample (N=357) and a sample from the traditional criminal justice system (N=384). METHODS: Data were from the MacArthur MHC Project, which includes objective and subjective information from four MHCs with comparison samples at each site. Interview data were collected for six months before and six months after entry into the MHC or legal system. National data from arrest records over one year were also obtained. Treatment-related variables were compliance (appointments and medication), perceptions (motivation and perceived voluntariness), and use of nine types of community treatment. A fixed-effects regression controlled for selection bias between groups. RESULTS: The regression model indicated significant increases in treatment motivation and use of community mental health and substance abuse services among MHC participants, compared with treatment-as-usual participants; however, the perceived voluntariness of treatment decreased in the MHC group. For the treatment-as-usual group, none of the treatment variables were associated with future arrest. For the MHC group, increased medication compliance and use of mental health services were associated with a significant decrease in arrests. CONCLUSIONS: Consistent with the MHC goals, findings indicated increases in receipt of community treatment among MHC participants. For the MHC sample, but not the treatment-as-usual sample, increased treatment was associated with reduced recidivism.

The dynamic nature of interrogation.

Building on a substantial body of literature examining interrogation methods employed by police investigators and their relationship to suspect behaviors, we analyzed a sample of audio and video interrogation recordings of individuals suspected of serious violent crimes. Existing survey research has focused on the tactics reportedly used, at what rate, and under what conditions; observational studies detail which methods are actually employed. With a few notable exceptions, these foundational studies were static examinations of interrogation methods that documented the absence or presence of various approaches. In the present study, we cast interrogation as a dynamic phenomenon and code the recordings in 5-min intervals to examine how interrogation methods and suspect cooperation change over time. Employing the interrogation taxonomy framework, particularly 4 discrete domains-rapport and relationship building, emotion provocation, presentation of evidence, and confrontation/competition-we found that the emphasis of the domains varied across interrogations and were significantly different when suspects confessed versus when they denied involvement. In regression models, suspect cooperation was positively influenced by the rapport and relationship building domain, though it was negatively impacted by presentation of evidence and confrontation/competition. Moreover, we found that the negative effects of confrontation/competition on suspect cooperation lasted for up to 15 min. The implications of the findings for practice and future research include the benefits of a rapport-based approach, the deleterious effects of accusatorial methods, and the importance of studying when, not just if, certain interrogation techniques are employed. (PsycINFO Database Record

Content and comprehensibility of juvenile and adult tender-of-plea forms: implications for knowing, intelligent, and voluntary guilty pleas.

The overwhelming majority of criminal convictions in the United States are obtained through guilty pleas. To be constitutionally valid, guilty pleas must be knowing, voluntary, and intelligent. The information the defendant relies on to make a knowing, voluntary, and intelligent plea decision may be conveyed to the defendant through several modes, including but not limited to communication with defense counsel. Here, we address a mode that to our knowledge has previously not been systematically examined-tender-of-plea (ToP) forms. ToP forms are written instruments that inquire into whether the defendant understands and appreciates the plea decision and is capable of entering it. Using content analysis and comprehensibility measures, we examined a national sample of 208 tender-of-plea forms for both juvenile and adult defendants to determine what information they contained and their level of comprehensibility. The ToP forms were coded for several items concerning knowledge and voluntariness including rights waived, direct and collateral consequences, and capacity. Our findings show that the forms (a) are highly variable in their content, (b) exceed the reading comprehension of most defendants, and (c) are available more often to adult than to juvenile defendants. The implications of these findings are the forms should not be used to stand in place of "full and vigorous" judicial plea colloquies or meaningful defender-defendant discussions about plea decision-making. (PsycINFO Database Record

Examining the links between therapeutic jurisprudence and mental health court completion.

Research demonstrates that mental health courts (MHCs) lead to improved outcomes compared to traditional criminal court processes. An underlying premise of MHCs is therapeutic jurisprudence (TJ). However, no research, to our knowledge, has examined whether MHC outcomes are predicted by TJ principles as theorized. In the present study, we examined whether principles measured at the onset of MHC enrollment (knowledge, perceived voluntariness, and procedural justice) predicted MHC completion (graduation). Using structural equation modeling with MHC participants from four courts, a significant, direct relationship between TJ and MHC completion was found, such that higher levels of TJ were associated with higher rates of success. Although this direct effect became nonsignificant when mediator variables were included, a significant indirect path remained, such that increased levels of initial perceived voluntariness and procedural justice, and MHC knowledge, led to decreased rates of new arrests, prison, MHC bench warrants, and increased court compliance, which, in turn, led to a higher likelihood of MHC graduation.

The use of mental health court appearances in supervision.

A defining feature of mental health courts (MHCs) is the requirement that enrollees appear periodically for status review hearings before the MHC judge. Although the research base on these specialty courts is growing, MHC appearances have yet to be examined. In the present study, the authors followed more than 400 MHC clients from four courts. We examined the number of court appearances that were mandated versus attended, the number of bench warrants issued, and the proportion of court appearances that were made in-custody versus out-of-custody. Finally, we describe and report on the proportion of clients at each court who had graduated, had been terminated, or who were still in the court one year following enrollment.

Police-induced confessions, risk factors, and recommendations: looking ahead.

Reviewing the literature on police-induced confessions, we identified suspect characteristics and interrogation tactics that influence confessions and their effects on juries. We concluded with a call for the mandatory electronic recording of interrogations and a consideration of other possible reforms. The preceding commentaries make important substantive points that can lead us forward-on the effects of videotaping of interrogations on case dispositions; on the study of non-custodial methods, such as the controversial Mr. Big technique; and on an analysis of why confessions, once withdrawn, elicit such intractable responses compared to statements given by child and adult victims. Toward these ends, we hope that this issue provides a platform for future research aimed at improving the diagnostic value of confession evidence.

Self-reported false confessions and false guilty pleas among offenders with mental illness.

Persons with mental illness may be at risk for false admissions to police and to prosecutors because of the defining characteristics of mental illness, but potentially because of heightened recidivism rates and increased opportunities. We surveyed 1,249 offenders with mental disorders from six sites about false confessions (FCs) and false guilty pleas (FGPs). Self-reports of FC ranged from 9 to 28%, and FGPs ranged from 27 to 41% depending upon site. False admissions to murder and rape were rarely reported. We also examined differences between those claiming false admissions and those not. Minorities, offenders with lengthier criminal careers, and those who were more symptomatic were more likely to have self-reported false admissions than their counterparts.

Police-induced confessions: risk factors and recommendations.

Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on judges and juries. This article concludes with a strong recommendation for the mandatory electronic recording of interrogations and considers other possibilities for the reform of interrogation practices and the protection of vulnerable suspect populations.

Enrollment in mental health courts: voluntariness, knowingness, and adjudicative competence.

Mental health courts (MHCs) are rapidly expanding as a form of diversion from jails and prisons for persons with mental illness charged with crimes. Although intended to be voluntary, little is known about this aspect of the courts. We examined perceptions of voluntariness, and levels of knowingness and legal competence among 200 newly enrolled clients of MHCs at two courts. Although most clients claimed to have chosen to enroll, at the same time, most claimed not to have been told the court was voluntary or told of the requirements prior to entering. The majority knew the "basics" of the courts, but fewer knew more nuanced information. A minority also were found to have impairments in legal competence. Implications are discussed.

Alford pleas in the age of innocence.

In 1970, the Supreme Court handed down a decision in North Carolina v. Alford that has since allowed defendants who do not wish to risk their fates at trial to plead guilty while simultaneously asserting their innocence. Although "Alford pleas" have remained unexamined by researchers, the increasing number of identified wrongful convictions of those factually innocent highlights the need for an in-depth examination of them. In the present study, using the Department of Justice 2004 State Survey of Inmates in Correctional Facilities dataset, we examined the likelihood of entering Alford pleas over traditional guilty, no contest, and not guilty pleas for those convicted of murder/manslaughter. Although we generally found few differences between the three guilty plea types, interesting differences between Alford and not guilty pleas emerged. Implications for actual innocence are discussed.

Double jeopardy in the interrogation room for youths with mental illness.

Comments on the article by J. Owen-Kostelnik, N. D. Reppucci, and J. R. Meyer which reviewed the issues surrounding the police interrogation of minors. This commentary expands on the review by addressing the mental health status of youths who come into contact with police. It stems from two immutable facts: (a) The prevalence of mental illness among justice-involved youths is alarmingly high, and (b) mental illness by itself is a risk factor for false confession. These two facts place suspected youths in double jeopardy in the interrogation room.

Patients' perception of possible child custody or visitation loss for nonadherence to psychiatric treatment.

OBJECTIVE: This study explored whether parents treated in public mental health settings perceived that they might lose child custody or visitation if they were not adherent to treatment. METHODS: Interview data were gathered from 1,011 adult outpatients from five community mental health centers located in five states in different U.S. regions. RESULTS: Among parents with children younger than 16 (N=187), 19% perceived in the past six months that they might lose child custody or visitation if they were not adherent to treatment. Two-thirds of the identified sources of this perception were family, themselves, or individuals outside the treatment, welfare, or legal systems. CONCLUSIONS: These preliminary data indicate that the perception of possible loss of child custody or visitation for nonadherence to treatment is not uncommon among patients treated in these public mental health settings and that "informal" sources are often the perceived source. Further study regarding the effects of this perception on patient and family outcomes is needed.