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Why Do Subjects Confess?

by Stan B. Walters, CSP
“The Lie Guy®”

During any investigative interview, the objective is to always get the truth whether by voluntary cooperation, admission or confession. Unfortunately what occasionally will happen during any interview however is the fact finder will lose sight of the reason why a subject chooses to provide a confession. To merely say that all people just want to confess is a far to simplistic and naïve a conclusion. Neither does the subject confess because the interviewer “wants” them to nor does the subject confess for the reasons the interview believes they should. The very same reasons that subjects choose to lie may in reality be the very same reasons the subjects decide to cooperate, inculpate and even confess.

Whatever the personality type the subject may possess along with their specific thinking or reasoning process, a subject will only acknowledge reality when they feel it is to their benefit to do so. The subject may be most motivated by what they perceive is significant punishment should they not confess. In their minds the evidence may have been presented in such a compelling fashion and form that to not acknowledge reality creates greater emotional or cognitive stress than to continue to lie. In addition, the fact that other family members, friends, and associates will also draw the same conclusions about the truth and their continuing denial in the face of reality can be overwhelmingly negative.

If a person will deceive in order to gain some form of reward can also be the exact same reason the person chooses to give in to the mounting evidence of reality. At the heart of this confession as well as the previous form, the subject does it for the preservation of his or her ego. The reward in the case may something they feel they will get in return. Perhaps they feel they gain power by telling the truth. Maybe their goal is to obtain notoriety and respect in some form because they acknowledged their actions as is the case in some acts of terrorism. By confessing the subject feels they have actually taken control of the events swirling around and maybe eventually what will happen to them in the form of any punishment.

Listening to the subject’s defense of their actions or the form by which they create their denials may be the key to determining what would be the best approach to move the subject to confession. The best of the interviewers learn how to put they thoughts, feelings, and prejudices aside and listen to and adopt those of their subjects. This same approach will serve as a tool to help the interviewer determine the reasoning for which a subject will choose to confess.

The Attention Distracted Interviewer

by Stan B. Walters, CSP
“The Lie Guy®”

The famous screen and stage actor Kevin Spacey was recently performing the role of Willie Lohman in the play “Death of Salesman.”  In the middle of one of the scenes a cell phone began ringing somewhere in the audience.  After a few annoying moments the phone ceased ringing only to start ringing again!  Spacey stopped his performance and told the member of the audience that the actors would be pleased to wait for the owner to answer the phone and tell the caller to call back later.  We are now living a culture of constant interruptions that has shortened everyone”s attention span and eroding away at our ability to concentrate on completing even one task at a time.

Unfortunately this era of attraction distraction has also invaded the interview room.  In the consulting side of my work, I frequently review and analyze audio and videotape interviews and interrogations.  More than once I have witnessed interviewers, who have totally lost control of the focus of the interview, the loss of concentration on their part as well as that of there subject and the overall degradation of the productivity of their interview efforts. Personal interruptions, external disruptions and a flooded room are just some of the distractions I’ve witnessed.

When you enter into an interview situation, your attention should be totally focused on your subject, obtaining case facts, admissions and confessions.  In two separate interview videos, I observed female interviewers engage in personal grooming behavior.  In each case they pulled out either hand or body moisturizing creams and began treating their hands, elbows and in one case the female interviewer went as far as pulling off her shoes and rubbing cream on her heals.  Don’t get all puffed up guys!  I’ve also observed male interviewers take cell calls from wives and girlfriends during an interview.  In one case I could hear one interviewer over his interviewing partner still talking to the subject as he made plans for a dinner date as he stood over in the corner of the interview room talking on his cell phone.

Distractions aren’t always generated from inside the interview room.  Many of us have victims of “helpful” fellow officers, investigators, or staff who suddenly decide that their little problems should be a crisis shared by everyone including anyone interview room. You shouldn’t every let the fact that there’s interview going on stand in the way of planning who is going to buy the beer and bring the ribs for the tailgate party for the ballgame Saturday.  Itís also important to find out if the guys in the interview want to go in on pizza for lunch and you certainly want to keep tabs on how the interview is going so just stick your head in the room and asked if he’s “given it up yet.”

There is no doubt that there are times when problems can be solved better when we have several people together brainstorming.  It doesn’t work well however in the interview room.  In the video of one homicide investigation it was apparently important to have all jurisdictions represented.  I counted three jurisdictions and a total of 6 interviewers counting the attending supervisors.  In two separate cases involving juvenile homicide subjects I counted 6 and 7 participants respectively counting the parents and family members.  It’s kinda hard to stay on track when everyone feels they have to ask questions.

Have you let all the distractions take over your interview room?  Whoever had the idea that humans can learn to “multitask” their activities has never been inside “The Room.” Interviews are far too important in consequence to be some contaminated by controllable distractions.  Take ownership of your interview room and demand the full attention and focus of those present.  Enforce a “no distractions rule.”  Limit the number of people in the room to a bear minimum.  Ditch the cell phones and pagers before you come in ñ ban them from the room if necessary.  Make it department policy that NO ONE walks into the interview room uninvited or unexpected unless it is absolutely critical to the interview.  In addition, don’t forget to respect the rules of your fellow investigators and interviewers when they are conducting their interviews.