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PubMed2005

Legal decisions of preadolescent and adolescent defendants: predictors of confessions, pleas, communication with attorneys, and appeals.

While there is an increasing recognition that developmental differences may exist in legal decision-making, little research has examined this. This study examined the legal judgments of 152 defendants aged 11-17 (73 females, 79 males). Adolescents aged 15 and younger were more likely than older adolescents to confess and waive their right to counsel, and less likely to report that they would appeal their case or discuss disagreements with their attorneys. Also, while adolescents aged 15-17 were more likely to confess, plead guilty, and accept a plea bargain if they perceived that there was strong evidence against them, younger defendants' legal decisions were not predicted by the strength of evidence. Importantly, defendants with poor legal abilities were more likely to waive legal protections, such as the right to counsel and to appeal. Defendants from below-average socioeconomic backgrounds were more likely to waive their interrogation rights, and defendants from ethnic minority groups were less likely to report that they would disclose information to their attorneys. The advice of attorneys, parents, and peers emerged as important predictors of plea decisions. None of the defendants reported that their parents advised them to assert the right to silence during police interrogation.

Adolescent↗
PubMed2006

Camera perspective bias in videotaped confessions: experimental evidence of its perceptual basis.

The camera perspective from which a criminal confession is videotaped influences later assessments of its voluntariness and the suspect's guilt. Previous research has suggested that this camera perspective bias is rooted in perceptual rather than conceptual processes, but these data are strictly correlational. In 3 experiments, the authors directly manipulated perceptual processing to provide stronger evidence of its mediational role. Prior to viewing a videotape of a simulated confession, participants were shown a photograph of the confessor's apparent victim. Participants in a perceptual interference condition were instructed to visualize the image of the victim in their minds while viewing the videotape; participants in a conceptual interference condition were instructed instead to rehearse an 8-digit number. Because mental imagery and actual perception draw on the same available resources, the authors anticipated that the former, but not the latter, interference task would disrupt the camera perspective bias, if indeed it were perceptually mediated. Results supported this conclusion.

Adult↗
PubMed2000

Frequent observation: sexualities, self-surveillance, confession and the construction of the active patient.

Following Foucault's analyses of the development of the disciplinary power of the medical gaze, this paper describes the themes that are relocating the 'active patient' as the central object of health scrutiny by professionals. A key element in these discourses has been the deployment of power through disciplinary knowledge and techniques of social control through ritual forms of confession, thereby positing the patient/client as the subject of self-surveillance. The individual is also engaged their own sexuality, performativity and 'truths' of sexual experience. These Foucauldian insights have constructed the notion of surveillance medicine, whereby with the assistance of professional technologies, not only the patient's body but also the 'self' can be probed through incitement to confess. However, the actor is not docile; resistances to disciplinary techniques are evident and within the professional practices of the clinic, there is resistance to the power of the erotic. The paper draws on recent research on the social construction of male sexualities in the fields of genitourinary practice, and explores how the ceremonial practices of the clinic engage with the rise of surveillance medicine and the medicalisation of everyday life. The individual actor is exhorted to engage in increased sexual and medical self-surveillance and to be recruited in the project of becoming an 'active patient'. It concludes with an examination of some of the implications this surveillance of self may have for practitioners in terms of power and the professional lens through which the sexualised, symbolic body is viewed.

Attitude to Health↗
PubMed1992

Inadvertent hypnosis during interrogation: false confession due to dissociative state; mis-identified multiple personality and the Satanic cult hypothesis.

Induction of a dissociative state followed by suggestion during interrogation caused a suspect to develop pseudo-memories of raping his daughters and of participation in a baby-murdering Satanic cult. The pseudo-memories coupled with influence from authority figures convinced him of his guilt for 6 months. During this time, the suspect, the witnesses, and all the evidence in the case were studied. No evidence supported an inference of guilt and substantial evidence supported the conclusion that no crime had been committed. An experiment demonstrated the suspect's extreme suggestibility. The conclusion reached was that the cult did not exist and the suspect's confessions were coerced-internalized false confessions. During the investigation, 2 psychologists diagnosed the suspect as suffering from a dissociative disorder similar to multiple personality. Both psychologists were predisposed to find Satanic cult activity. Each concluded that the disorder was due to "programming" by the non-existent Satanic cult.

Adult↗
PubMed2000

Sexual abuse at a Swedish daycare centre: allegations, confessions and evaluations.

UNLABELLED: In September 1997, sexual abuse at a Swedish daycare centre was disclosed. The suspect, a male member of the staff, admitted having abused six children. A total of 30 children were included in the police investigation. In this study, these cases were evaluated individually using a child psychiatric method. Information was collected from the police investigation and from interviews with parents. The conclusions--categorized as "abuse likely", "abuse conceivable" or "abuse uncertain"--were compared with the children's own reports, the legal evaluations and the confessions of the suspects. CONCLUSIONS: The correspondence of child reports with child psychiatric evaluations was fairly high, indicating that child reports may serve as a good screening indicator of abuse. There was little agreement between child psychiatric evaluations and legal decisions, which were based on the reports of suspects. Some differences may be explained by varied methodology, definitions and criteria. Others reflect real differences in opinion. Our study illustrates the need to establish legal criteria for statements from pre-schoolers if such evidence is to constitute the basis of a ruling without a confession. Studies comparing professional psychological assessments of children's statements about sexual abuse with independent data stand out as an important line of research for the future.

Child Abuse, Sexual↗
PubMed1996

Confession-building, long-distance networks, and the organization of Jesuit science.

The ability of the Society of Jesus to engage in a broad and enduring tradition of scientific activity is here addressed in terms of its programmatic commitment to the consolidation and extension of the Catholic confession (i.e., to a multipronged program of confession-building) and its mastery of the administrative apparatus necessary to operate long-distance networks. The Society's early move into two major apostolates, one in education and the other in the overseas missions, brought Jesuits into regular contact with the educated elites of Europe and at the same time placed the society's missionaries in remote parts of the natural world. The modes of organization of travel and communication required by the Society's long-distance networks (i.e., the training and deployment of reliable agents willing to work under direction in remote locations and capable of providing trustworthy reports and observations to their superiors through regular exchange of correspondence) not only facilitated scientific communication and collaboration within the order, it also provided Jesuits with the resources they needed to engage successfully in 'ministries among the learned'. Evidence of a sustained attempt by Jesuit authors to assume the role of Kulturträger is found in the several genres of scientific publications that dominate the society's scientific corpus. Thus the society's early recognition of the "apostolic value" of scientific publications in recruiting friends and allies among Europe's intellectual elites, I argue, allowed a robust interest in natural knowledge to emerge as a legitimate part of the Jesuit vocation.

Catholicism↗
PubMed2003

Juvenile offenders' Miranda rights comprehension and self-reported likelihood of offering false confessions.

This study examined whether age, IQ, and history of special education predicted Miranda rights comprehension and the self-reported tendency to falsely confess to a crime among 55 delinquent boys. The Miranda Rights Comprehension Instruments-II, a revised version of Grisso's Instruments for Assessing Understanding and Appreciation of Miranda Rights, were developed for this study and are described in detail in this article. Results revealed that age, IQ, and special education were related to comprehension of Miranda rights. When Miranda comprehension, age, and IQ were simultaneously tested as predictor variables of the self-reported likelihood of false confessions, only age served as an independent predictor. Research and policy implications of this study are presented, and recommendations for use of the original and revised instruments are reviewed.

Adolescent↗
PubMed2003

Confessions and expert testimony.

In this clinical paper, the author discusses criminal confessions from the point of view of the expert witness who may be asked to comment on the reliability of the statement and waiver of rights. From the time a suspect is in police custody, constitutional protections against self-incrimination and for due process are in place. The Supreme Court set the standard for these situations in the 1966 Miranda v. Arizona decision. Although it has long been criticized by law enforcement, the decision was upheld in the 2000 decision in Dickerson v. U.S. For a waiver of rights to be valid, it must be a knowing, intelligent, and voluntary decision. Voluntariness is an equation of objective and subjective variables. Treatment by police, physical conditions of interrogation, the suspect's experience and mental state can alter the reliability of a confession. Accordingly, the author has devised a mnemonic for the recognition of conditions that may give rise to expert testimony. The conditions are: Mental illness, Intoxication, Retardation, Acquiescence, Narcotic withdrawal, Deception, and Abuse. These are discussed, supported by examples from the author's practice.

Civil Rights↗
PubMed1990

"False confessions" and identification with the aggressor: another forensic misuse of a psychiatric concept.

Some psychiatrists misuse theoretical concepts beyond their generally accepted dimensions in an attempt to support a conclusion favorable to a litigant or defendant. In the case presented, the concept of identification with the aggressor was used in an attempt to eliminate or minimize the effect of a confession and to buttress the claim that the confession itself was false. Quotations from the actual reports and testimony are used to reflect both this tactic and the context in which these issues were pursued, including a rather startling admission by the psychiatrist dealing with the thoroughness of his professional effort. A brief history of "identification with the aggressor" is presented, a history which contrasts with its application to rather routine police questioning. Similarly, skepticism is clearly merited when a psychitrist testifies as to truthfulness or falsity of a statement.

Child↗
PubMed2004

A critical review of published competency-to-confess measures.

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test-retest reliability, content validity, construct validity, and criterion-related validity.

Civil Rights↗
PubMed2005

Behavioral cues to deception vs. topic incriminating potential in criminal confessions.

Coding statements of criminal suspects facilitated tests of four hypotheses about differences between behavioral cues to deception and the incriminating potential (IP) of the topic. Information from criminal investigations corroborated the veracity of 337 brief utterances from 28 videotaped confessions. A four-point rating of topic IP measured the degree of potential threat per utterance. Cues discriminating true vs. false comprised word/phrase repeats, speech disfluency spikes, nonverbal overdone, and protracted headshaking. Non-lexical sounds discriminated true vs. false in the reverse direction. Cues that distinguished IP only comprised speech speed, gesticulation amount, nonverbal animation level, soft weak vocal and "I (or we) just" qualifier. Adding "I don't know" to an answer discriminated both IP and true vs. false. The results supported hypothesis about differentiating deception cues from incriminating potential cues in high-stakes interviews, and suggested that extensive research on distinctions between stress-related cues and cues to deception would improve deception detection.

Adolescent↗
PubMed1987

The psychophysiology of confession: linking inhibitory and psychosomatic processes.

A theory of inhibition and psychosomatic disease suggests that the failure to confide traumatic events is stressful and associated with long-term health problems. We investigated the short-term autonomic correlates of disclosing personal and traumatic experiences among two samples of healthy undergraduates. In Experiment 1, subjects talked into a tape recorder about extremely stressful events that had occurred in their lives, as well as what they planned to do following the experiment. Skin conductance, blood pressure, and heart rate were continuously measured. Based on judges' ratings of subjects' depth of disclosure, subjects were classified as high or low disclosers. Talking about traumatic events was associated with decreased behavioral inhibition, as measured by lower skin conductance levels among high disclosers. Disclosing traumatic material was also associated with increased cardiovascular activity. In Experiment 2, subjects both talked aloud and thought about a traumatic event and about plans for the day. Half of the subjects were alone in an experimental cubicle and talked into a tape recorder; the remaining subjects talked to a silent "confessor" who sat behind a curtain. Among high disclosers, both talking and thinking about traumatic events produced lower skin conductance levels than did thinking or talking about plans for the day. The presence of a confessor inhibited subjects' talking. Implications for understanding the nature of confession and the development of an inhibitory model for psychosomatic processes are discussed.

Arousal↗
PubMed2005

Mothers who smoke: confessions and justifications.

Interviews with mothers who smoke were analyzed to examine the influence of social discourses. Women presented themselves as knowledgeable about the health risks of tobacco, confessed guilt and shame, attempted to deflect accusations of neglect for smoking or exposing their children to tobacco, provided rationalization that they smoked for the sake of their children, and, although they were all smokers, demonstrated an antismoking stance. The findings indicate that mothers are in a "bind" when it comes to smoking and fulfilling societal expectations of a good mother. Health professionals must be cognizant of how discourses constrain women's choices in relation to tobacco.

Adult↗
PubMed1990

One hundred alleged false confession cases: some normative data.

This paper describes the psychological characteristics of individuals who retract self-incriminating admissions made during police interviewing. A group of 100 alleged false confessors was compared with 104 other forensic referrals on four psychological variables. The two groups differed significantly on tests of intelligence, suggestibility, compliance and acquiescence. Normative data are provided for clinicians to evaluate test scores when assessing the psychological characteristics of individuals who claim to have made false confessions.

Cooperative Behavior↗
PubMedDate not supplied

Interrogation and false confessions: vulnerability factors.

This paper reviews the psychological factors that make some individuals susceptible to making a false confession of having committed a criminal offence. A number of 'vulnerability factors' are highlighted and it is emphasized that these need to be interpreted within the context of all circumstances surrounding the case.

Criminal Psychology↗
PubMed1989

Constitutional protection of confessions made by mentally retarded defendants.

Criminal confessions made in response to custodial questioning are excluded from evidence unless a defendant voluntarily, knowingly and intelligently waived his Miranda rights. In Connelly, the Supreme Court erred by holding that, absent explicit police coercion, a mentally ill individual's waiver is valid. The Court failed to consider the defendant's subjective impairments that might invalidate his waiver. By contrast, the Patterson Court suggested that a defendant's right to counsel may attach at an early stage in a criminal proceeding if the defendant has a significant need for counsel. This Note addresses the special needs of a mentally retarded person in the criminal justice system. The Note argues that mentally retarded suspects require careful explanation of Miranda rights in order to understand them. The intellectual and adaptive deficiencies which characterize mental retardation also necessitate an inquiry into a valid waiver that accounts for these disabilities. Furthermore, the special needs of the mentally retarded mandate that the right to counsel attach as early as the precustodial stage of an investigation. Early access to counsel most effectively assures that a mentally retarded person's waiver of constitutional rights is voluntary, knowing and intelligent.

Criminal Law↗
PubMed1987

Confession and signification: the systematic inscription of body consciousness.

Formulas designed to reduce the overweight body flourish in American culture, yet 98% of all weight loss efforts end in failure. Numerous experts note that women, more frequently than men, are overweight and have greater difficulty adhering to reducing diets. I analyze the discourse of weight loss by taking up Foucault's concepts of confession and surveillance. Specifically, I argue that reducing techniques weave the language of science, deviance, and theology to fuel the perpetuation of a wholly transparent female subject. The weight conscious woman is divided within herself (mind versus body), and must, ironically, become and remain body conscious to alleviate body consciousness. Foucault's work, by describing the means by which bodies are inscribed in discursive practice, provides the diagnostic tools needed to assess the relation of dogma (reducing discourse) and individual (female body in need of alteration).

Body Image↗
PubMed1995

[Klaus Grawe's confession and the psychoanalytic profession].

1994 saw the publication of the volume Psychotherapie im Wandel. Von der Konfession zur Profession ("Psychotherapy in Transition. From Confession to Profession") by K. Grawe et al. This book did much to fuel the professional policy debate on the purpose and efficiency of long-term and high-frequency analytic psychotherapies. The author examines Grawe's book, comparing its methodological approach with other (largely US-American) studies on psychotherapeutic research, and concludes that the studies analysed by Grawe do not do justice to the realities of psychoanalytic therapy. He advocates more naturalist designs reflecting the change from controlled therapies in institutions to clinical treatment in private practices. Finally he criticises psychoanalysts for having failed to provide evaluation of long-term and high-frequency analysis.

Humans↗