The confession
►
The Office of the United Nations High Commissioner
for Human Rights points out in its pocket book
“Human rights standards and practice for the
police” that the police should “[n]ever seek or rely
on a confession as the basis for a case. Rather,
the purpose of investigation should be to secure
independent evidence”. It further advises officers
to “[s]tudy and employ modern best practice techniques for interviewing”, which is precisely the
purpose of this guide. Too often police officers,
through a lack of training and knowledge and
other resources, depend on confessions to solve
crimes. As noted above, police officers may thus
respond to pressure to obtain such confessions by
using abusive techniques rather than investigative
skills to uncover the truth.
Suspects waiting
for or between
interviews should
be housed in
sanitary conditions
with adequate
and appropriate
space, light, heat
and ventilation
and provided
with seating and/
or bedding to
facilitate rest.
There is no obstacle to accepting a confession. However, there are some
important caveats. Police officers must be aware that certain individuals are
susceptible and vulnerable. This can make them prone to confess to crimes
that they have not committed. In other cases, individuals may confess to
protect a third party. Therefore, officers should always look for evidence that
can support or challenge the veracity of any confession made. This can also
prove useful where a person later retracts a confession, as officers have not
relied on this alone.
Offenders may confess if they feel guilt and wish to explain what happened
and why, or otherwise wish to account for their actions. Others may confess
because the weight of evidence against them is so strong that they have little
option, and by confessing before a trial, hope to receive a lighter sentence or
other favourable consideration. Others may confess when the stress of being
detained and the power of police interviewing are such as to make confession a means of relief, by ending the questioning. This latter dynamic can also
pressurise wholly innocent but vulnerable people into confessing. This is more
likely to occur where police officers use oppressive methods. Highly suggestible individuals may be persuaded by manipulation and misrepresentation
that they are indeed guilty. This highlights the need to look for evidence that
supports, or indeed undermines, the confession of guilt.
Page 18 ► A brief introduction to investigative interviewing
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