91172.pdf

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28! Police and Law Enforcement—Adult Forensics

Forensic Psychology and Policy Implications

A variety of policy implications exist for ensuring that confessions are not obtained
through primarily coercive methods. Recently, more and more police departments
have utilized video recorders in the interrogation room to provide the courts with
real evidence of the interrogation process, should it be sought. A survey conducted
in 1990 revealed that approximately one-third of law enforcement agencies were
using videotaping during the interrogation process (Geller, 1994). That number is
expected to rise, giving more concrete evidence of the value of such a technique,
The future will no doubt see the implications of video recording debated and
discussed in the court system.
Dripps (1988) discusses the constitutional right guaranteeing the privilege aga-
inst self-incrimination. He states that interpreting the constitution as an inflexible
set of mores or rules results in faulty thinking and interpretation of what it may
be trying to protect. For example, the privilege against self-incrimination stated in
the constitution is argued by some to be tying the hands of the courts by deny-
ing the most impressive and appropriate evidence regarding a defendant's admis-
sion of guilt or innocence. Policies dealing with the privilege to not incriminate
oneself in a court of law have surprisingly been absent. Clarification of this privi-
lege, coupled with its possible ramifications, may help elucidate convictions when
necessary.
Other explorable policies may include a restructuring of the Fifth Amendment,
making the currently ambiguous wording more clear. Clarification of this amend-
ment would conceivably make coercion illegal and reduce appeals dealing with the
interpretation of a detective's interrogation techniques.


Suggestions for Future Research

Research studying the dynamics surrounding coerced confessions is deficient. Vir-
tually every aspect of coercive practices involved in obtaining confessions are unstud-
ied and in need of exploration. The videotaping procedure, previously described,
lacks supporting studies that examine this procedure's psychological effects on the
subject as well as on detectives' possible inhibition regarding being recorded.
Personality characteristics associated with interrogators who routinely use coer-
cive methods have also failed to be explored. What types of personality traits make
up a detective who uses coercive methods? Is it one who is "burned out" or grown
overly cynical of the criminal justice system? Perhaps research investigating the level
of experience required to become a routine interrogator should be examined.
What makes a particularly good interrogator? While the techniques used by
certain detectives have been explored and examined, the actual characteristics asso-
ciated with personality types have not. It may be that certain personality types will
never, under normal conditions, develop good, efficient interviewing techniques.
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