24 I Police and Law Enforcement—Adult Forensics
by an interrogator do not fall within these guidelines and are therefore considered
"coerced." This section outlines and discusses the legal definition of a coerced con-
fession, its psychological and sociological bases and implications, and discusses some
of the specific tactics used by investigators and interrogators in obtaining confes-
sions. The following fictional vignette provides an example in which a variety of
interrogation issues, legal or otherwise, are brought into play.
Ned and Jake, desperate for cash and needing to obtain drugs to support their ad-
dictions, decide that robbing a downtown convenience store would be a quick and
convenient way to obtain money. The two arrive in Ned's car, and it is decided that Jake
will run into the store, hold up the convenience clerk, and make a quick escape. Upon
entering the store, Jake becomes worried and apprehensive when he realizes that the
store has approximately five other people inside. Nervously, Jake approaches the clerk,
pulls a gun, and demands all the money in the cash register. The clerk, unwilling to be a
victim of this type of crime any longer, pulls his own firearm out from under the counter
and points it at fake. In a panic, Jake fires, killing the store clerk. Hearing a shot fired,
Ned also panics and quickly drives away, leaving Jake behind. Jake, seen by numerous
eyewitnesses, flees into the night on foot, only to be apprehended later by the police
who take him into questioning.
In the interrogation room, two officers enter and introduce themselves to Jake, who
has been waiting for the officers for approximately 45 minutes in the isolated room. The
officers, after offering Jake some water or use of the bathroom, quickly review Jake's
Miranda rights. Jake listens and does not respond in any notable fashion. The officers
then begin questioning Jake about the attempted robbery that took place earlier that
evening. Jake, unwilling to give any information, states that he is innocent and wishes
to speak with a lawyer. The officers tell Jake that the process can take place in one of
two ways: cooperate and answer all questions immediately or cease questioning now and
wait tor legal counsel, thereby not cooperating with investigative procedures. Feeling
somewhat intimidated, Jake concedes to answering more questions. Later, the officers
come to another roadblock in Jakes testimony. He refuses to answer a question dealing
with Ins accomplice. The officers state that if he implicates his friend in the murder of
the clerk, the courts may reward his cooperation with leniency. Afraid and hopeful of a
more lenient sentence, Jake admits full guilt and gives the name and description of his
accomplice.Would you consider the above confession to be coerced? If so, what specific tech-
niques did you feel were inappropriate? The discussion to follow examines specific
issues related to appropriate and inappropriate interrogation techniques. It also ad-
dresses the reason for these techniques' psychological power over many arrested
subjects as well as other topics related to coerced confessions.Literature ReviewAccording to police procedure and the Fifth Amendment, prosecutors cannot use
statements obtained by a subject as evidence in court unless the arresting party has
ensured that the subject's Miranda rights have been offered and explained. The
courts believe that subjects pulled from their familiar environment and surrounded