Psych and Law 7.pptVIP

Psychology and Law Criminal Competencies (continued) Confessions Why are there so many false confessions? Some estimates are as high as 10-15% (many are exonerated with DNA evidence) Police think: “If you are not guilty, why do you need an attorney?” Go into interrogation with a bias of guilt. Reid Technique: maximization and minimization Police believe they can tell if suspect is lying (they do no better at this than anyone else) People sometime confess because they are anxious and confused and they just want the interrogation to end. Competence to Testify Very important – Only evidence with probative value is admissible, so only competent witnesses should testify. Typically, the question is raised with child witnesses. Competency capacities: A witness must be able to: Observe the event Remember the event Communicate the memory Tell the difference between the truth and untruth Understand the obligation to tell the truth Developmental psychology is important in understanding childrens’ abilities. Competence to Testify - Children Observe the Event – This is assumed except in very young children or those with vision/brain problems Remember the Event – More important, since it involves suggestibility. The longer the time between the event and the trial, the more problems with the accuracy of all testimony, especially children’s. Children are prone to confabulation. Especially a problem with leading questions. Obedience to authority also a problem, because they want to please adults. Communicate the Memory – Can be difficult with young children Truth/Untruth – Has to do with moral development and internalizing parents’ version of the truth Competence to Testify (cont.) Understand the Obligation to tell Truth – Again, this is related to moral development. Need to assess child’s understanding of what it means to take an oath. Child testimony might be admitted, but credibility can vary, depending on the quality of the memory and testimony. Competence to be Sentenced Wh