When police conduct interrogations, their primary goal is often to secure a confession. Typically, they don’t question individuals they believe to be innocent. Unfortunately, history shows that people sometimes confess to crimes they didn’t commit. In Nebraska, the cases of the Beatrice 6 and Mathew Livers highlight how false confessions can occur during these intense situations.
It’s not uncommon for a defendant to later claim their confession was coerced. In Nebraska, most custodial interrogations are recorded, which helps us understand how coercion can happen. Often, when a defendant denies committing a crime, officers might interrupt and insist there’s evidence proving their guilt. While police can legally lie during interrogations, suspects aren’t given the same freedom. If a suspect lies, they could face charges for providing false information or obstructing justice.
Common Police Interrogation Tactics
A common tactic used in interrogations is the “bait question,” which might start with, “What would you say if”:
- there’s a video of you committing the crime?
- multiple witnesses identified you as the perpetrator?
- we have DNA evidence linking you to the crime?
- we reviewed your bank records?
If a suspect takes the bait and responds, prosecutors might argue that an innocent person would have outright denied the allegation instead of trying to explain it away. The response to a bait question is often treated as an admission of guilt or a lie.
Before asking bait questions, police usually gather information and assess both verbal and non-verbal responses. While this information might not be a confession, it can support law enforcement’s theory of the case. Even minor details can establish probable cause for an arrest. For instance, if questioning reveals that a defendant was at the crime scene when the crime occurred, it might be enough for an arrest. More importantly, these answers can be used against the suspect during the interview to challenge their version of events.
The Role of Polygraphs and Body Language
Some officers claim they can detect lies based on body language, but this isn’t always accurate. Additionally, polygraphs aren’t about finding the truth but rather extracting a confession. They allow police to question a subject under stress. Although polygraph results aren’t admissible in court, any statements made during the examination can be used as evidence against the defendant, even if the term “polygraph” is never mentioned.
Who is at Risk of False Confessions During Police Interrogation?
Contrary to popular belief, false confessions do not only occur among the weak or uneducated. Professionals like doctors, lawyers, and military personnel sometimes give false confessions as well.
The reasons for false confessions vary, but some common themes emerge. For instance, law enforcement often provides misinformation during interrogations, leading suspects to believe these falsehoods. As a result, suspects may tell officers what they want to hear to minimize perceived criminal exposure.
In other cases, law-abiding citizens feel compelled to provide the “correct” answers to avoid harsher consequences. When they deny or challenge the officer’s narrative, they often face resistance and receive warnings against lying, which could worsen their situation. Not wanting to appear dishonest, they might agree with the officer’s version of events.
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Know Your Rights
It’s important to remember that police interrogations are not mandatory. A suspect in a criminal case always has the right to have an attorney present during questioning and the right to refrain from making incriminating statements. Exercising these constitutional rights cannot result in punishment, even if it displeases the police officer.
If you or a loved one is facing an investigation, reach out to Berry Law. Our experienced trial lawyers are here to defend your rights and fight for your freedom.
