1998
DOI: 10.1002/(sici)1099-0798(199823)16:4<423::aid-bsl319>3.0.co;2-2
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Coerced or nonvoluntary confessions

Abstract: Police may engage in deceptive and coercive interrogations to obtain confessions. When a confession is later retracted, judges and juries must assess the totality of the circumstances surrounding the confession, including the interrogation techniques used and the effects of these tactics on the particular defendant. A suspect who is vulnerable and confused or who is given false evidence by a coercive interrogator may produce a false confession. Expert testimony may be necessary to help jurors understand the ci… Show more

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Cited by 19 publications
(8 citation statements)
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“…In a case involving a disputed confession, the judge holds a preliminary hearing to decide whether to admit the confession into the trial. Once a judge admits a confession, jurors must determine whether a confession is voluntary (see Arizona v. Fulminante , ; Wakefield & Underwager, ), and in these cases jurors must evaluate police deception in general and the FEP or FEPs used in their particular trial. Several important considerations emerged as the individual participants evaluated FEPs.…”
Section: Discussionmentioning
confidence: 99%
See 1 more Smart Citation
“…In a case involving a disputed confession, the judge holds a preliminary hearing to decide whether to admit the confession into the trial. Once a judge admits a confession, jurors must determine whether a confession is voluntary (see Arizona v. Fulminante , ; Wakefield & Underwager, ), and in these cases jurors must evaluate police deception in general and the FEP or FEPs used in their particular trial. Several important considerations emerged as the individual participants evaluated FEPs.…”
Section: Discussionmentioning
confidence: 99%
“…Juries in simulation studies value confessions over other forms of evidence such as eyewitness and character evidence (Kassin & Neumann, ). Although the Supreme Court decision Arizona v. Fulminante () suggested that jurors are capable of evaluating the voluntariness of confessions and disregarding confessions ruled as coerced (see Wakefield & Underwager, ), Kassin and Sukel () demonstrated that mock jurors who were told to disregard a coerced and subsequently inadmissible confession were significantly more likely to convict defendants than were mock jurors who remained ignorant of the confession. These results suggest that presenting confession evidence in court only to render it inadmissible amounts to much more than the “harmless error” suggested by Arizona v. Fulimante ().…”
Section: Introductionmentioning
confidence: 99%
“…Police interrogation manuals justify deceitful tactics as necessary tools for criminal interrogation (Underwager & Wakefield, 1992; Wakefield & Underwager, 1998). Such techniques are widely used by police investigators in North America and have generally been considered legally admissible ( Frazier v. Cupp , 1969; R. v. Oickle , 2000).…”
Section: Individual Variables Related To False Confessionsmentioning
confidence: 99%
“…Several authors (Kassin and Wrightsman, 1985;Kassin, 1997;McCann, 1998;Wakefield and Underwager, 1998) have pointed that there are at least three distinct types of false confessions. The first type is the voluntary false confession that involves spontaneous selfincriminating statements made without external pressure.…”
Section: Introductionmentioning
confidence: 99%