The role of DNA in criminal indictments in Israel.

In their investigations of criminal cases, law enforcement agencies rely heavily on forensic evidence. Numerous studies have examined the scientific and technological advancements of DNA testing, but little evidence exists on how the availability of DNA evidence influences prosecutors' decisions to move cases forward in the criminal justice system. We created a new database by juxtaposing data from the Forensics Division of the Israel Police, which recorded the presence (or not) of DNA profiles in criminal cases (n = 9862), and data on the indictment decision for each case (2008-2019). Rates of indictments are computed for each case, and trend lines are used to present variations in the rates of indictment decisions with and without DNA profiles. Approximately 15% of all criminal cases without DNA presented to the prosecutor's office are subsequently prosecuted, compared with nearly 55% of cases with DNA profiles. The presence of DNA evidence influences the prosecutor's decision to move a case forward in the criminal justice system. Utilizing a scientific approach to prosecute offenders is a welcome development; however, DNA evidence is not infallible, and caution must be exercised in regard to DNA's overuse in the legal system.

Waiving goodbye to youth: Jurors perceive transferred juveniles differently from adults but render similar verdicts.

Juveniles are developmentally different from adults but are often treated similarly in the criminal justice system. In case processing, many juveniles are transferred to adult courts. Before case processing, many juveniles are interrogated with the same tactics used against adults. Limited research has examined jurors' decisions in juvenile transfer cases, particularly those involving confession evidence. In two studies, we built on this small line of research and extended it to examine whether jurors make different decisions for juvenile versus adult defendants with differing types of confession evidence. Participants listened to a trial that varied in defendant age (Study 1: 16, 23; Study 2: 13, 16, 23, 42), interrogation pressure (low, high), and interrogation outcome (denial, confession). They rendered a verdict and rated the defendant on dangerousness and maturity. Age did not affect verdict in either study, but it did affect perceptions of dangerousness and maturity in both studies. Study 2 replicated and extended our findings by showing that differences in dangerousness and maturity were driven by participants' preexisting stereotypes about juveniles as superpredators. Overall, jurors recognized juveniles' lesser maturity but did not account for it in their verdicts. The stigma associated with the superpredator stereotype may limit jurors' sensitivity to the developmental vulnerabilities of juvenile defendants.

Confession to Make: Inadvertent Confessions and Admissions in United Kingdom and United States Police Contexts.

Previous studies have addressed many different kinds of confessions in police investigations - real, false, coerced, fabricated - and highlighted both psychological and social mechanisms that underlie them. Here, we focus on inadvertent confessions and admissions, which occur when a suspect appears to be confessing without being fully aware of doing so, or when police officers believe they have a confession or admission of guilt when in fact this is not the case. The goal of the study is to explain when, how and why these confessions and admissions occur as well as how they are dealt with in two different jurisdictions, the United States and the United Kingdom. We use a discourse analysis approach because inadvertent confessions and admissions of guilt are the product of miscommunication - they happen because the speaker's meaning and the hearer's meaning are misaligned. The data consist of 50 interviews from the United Kingdom and 50 interrogations from the United States with both English-speaking and non-English speaking suspects. Our results demonstrate that inadvertent confessions can occur in both locales due to reliance on inference, which is inevitable since inference is the backbone of any human communication, as well as due to additional factors such as linguistic, cultural and procedural issues. We found that these phenomena are more frequent and less well controlled for in the United States context due to (a) no systematic checking of understanding, (b) adversarial questioning techniques and an absence of legal representation, and (c) lack of professional, high-quality interpreting. We discuss the implications of our findings for current efforts to improve access to justice, custodial procedures and language services, and we make recommendations for the implementation of our research in professional practice.

Do laypeople recognize youth as a risk factor for false confession? A test of the 'common sense' hypothesis.

In a survey of confession experts, 94% agreed that youth is a risk factor for false confession, but only 37% felt that jurors understand this. To date, no study has tested the latter by comparing laypeople's perceptions of juvenile and adult suspects. To address this gap, Experiment 1 participants read a lengthy (i.e. interrogation and confession) or abridged (i.e. confession-only) transcript of an ostensibly juvenile or adult suspect's interrogation. Transcript length affected perceived pressure but not guilt judgments. Suspect age had little effect, with 75% of participants misjudging the juvenile as guilty. Experiment 2 then tested how expert testimony affects judgments of juvenile suspects. Participants read a lengthy or abridged interrogation transcript, with or without testimony from a juvenile confession expert. Expert testimony somewhat impacted guilt judgments but did not influence perceptions of the interrogation. Implications for interrogation practices, trial procedure and future research are discussed.

The Interactive Effects of Race and Expert Testimony on Jurors' Perceptions of Recanted Confessions.

We examined the effect of defendant race and expert testimony on jurors' perceptions of recanted confessions. Participants (591 jury-eligible community members) read a first-degree murder trial transcript in which defendant race (Black/White) and expert testimony (present/absent) were manipulated. They provided verdicts and answered questions regarding the confession and expert testimony. When examining the full sample, we observed no significant main effects or interactions of defendant race or expert testimony. When exclusively examining White participants, we observed a significant interaction between expert testimony and defendant race on verdicts. When the defendant was White, there was no significant effect of expert testimony, but when the defendant was Black, jurors were significantly more likely to acquit when given expert testimony. These findings support the watchdog hypothesis, such that White jurors are more receptive to legally relevant evidence when the defendant is Black.

The Science-Based Pathways to Understanding False Confessions and Wrongful Convictions.

This review shows that there is now a solid scientific evidence base for the "expert" evaluation of disputed confession cases in judicial proceedings. Real-life cases have driven the science by stimulating research into "coercive" police questioning techniques, psychological vulnerabilities to false confession, and the development and validation of psychometric tests of interrogative suggestibility and compliance. Mandatory electronic recording of police interviews has helped with identifying the situational and personal "risk factors" involved in false confessions and how these interact. It is the combination of a detailed evaluation and analysis of real-life cases, experimental work, and community (and prison/police station) studies that have greatly advanced the science over the past 40 years. In this review, the story of the development of the science during this "golden era" is told through the three established error pathways to false confessions and wrongful convictions: misclassification, coercion, and contamination. A case study of a major miscarriage of justice is used to highlight the key issues at each stage of the error pathways and it shows the continued resistance of the judiciary to admit mistakes and learn from them. Science is a powerful platform from which to educate the police and the judiciary.

Self-Reported Voluntary Blame-Taking: Kinship Before Friendship and No Effect of Incentives.

Inspired by theories of prosocial behavior, we tested the effect of relationship status and incentives on intended voluntary blame-taking in two experiments (Experiment 2 was pre-registered). Participants (N E1 = 211 and N E2 = 232) imagined a close family member, a close friend, or an acquaintance and read a scenario that described this person committing a minor traffic offense. The person offered either a monetary, social, or no incentive for taking the blame. Participants indicated their willingness to take the blame and reasons for and against blame-taking. Overall, a sizable proportion of participants indicated to be willing to take the blame (E1: 57.8%; E2: 34.9%). Blame-taking rates were higher for family members than close friends or acquaintances in both experiments, as expected. Unexpectedly, there was no difference between a close friend and an acquaintance in Experiment 2. Social incentives did not have an effect on voluntary blame-taking in either experiment. Neither did we find an interaction between relationship status and incentives. The results highlight the importance of kin relationships in the context of voluntary blame-taking.

Confessions of lockdown breaches. Problematising morality during the Covid-19 pandemic.

This paper examines confessions of Covid-19 breaches in two radio phone-ins. The programmes hosted invited experts who were recruited at certain moments in the show to comment on the (in)direct experiences of lockdown compliance or breaches reported by the callers. The analysis focuses on the social actions the participants are seen to be carrying out and orienting to through talk such confessions and disclosures of minor unlawful behaviour in public. A set of features of confessions were found depending on whether personal circumstances could be said to warrant the breaches and the recipients align or not with the warrantability of the breaches. Callers who disclosed their breaches at the first available opportunity, presented them as primarily warranted by a long-term health condition and displayed full awareness of doing confessing. Both early confessions and those that appear later in the narration were carefully crafted. They were mitigated to minimize the seriousness of the transgression and reduce the actor's accountability. The positional nuances of the participants as they share their stories, coupled with their assessment of self- and other behaviour, shines a light on their orientations to, and interactional management of, the moral accountability of behaviour in public spaces during the pandemic.

The truth about snitches: an archival analysis of informant testimony.

Informants are witnesses who often testify in exchange for an incentive (i.e. jailhouse informant, cooperating witness). Despite the widespread use of informants, little is known about the circumstances surrounding their use at trial. This study content-analyzed trials from 22 DNA exoneration cases involving 53 informants. Because these defendants were exonerated, the prosecution informant testimony is demonstrably false. Informant characteristics including motivation for testifying, criminal history, relationship with the defendant and testimony were coded. Most informants were prosecution jailhouse informants; however, there were also defence jailhouse informants and prosecution cooperating witnesses. Regardless of informant type, most denied receiving an incentive, had criminal histories, were friends/acquaintances of the defendant and had testimonial inconsistencies. In closing statements, attorneys relied on informant testimony by either emphasizing or questioning its reliability. The impact of informant testimony on jurors' decisions is discussed in terms of truth-default theory (TDT), the fundamental attribution error and prosecutorial vouching.

Abusive head trauma in court: a multi-center study on criminal proceedings in Germany.

The shaken baby syndrome (SBS) is a common variant of abusive head trauma (AHT) in infants and toddlers. Data on the legal outcome of such cases are still sparse. By means of a retrospective multi-center analysis, 72 cases of living children diagnosed with SBS/AHT from three German university institutes of legal medicine were identified. Forty-six of these cases with 68 accused individuals were available and could be evaluated with regard to basic data on the course of the criminal proceedings as well as the profile of the defendants (sub-divided into suspects, convicts, and confessed perpetrators). Criminal proceedings predominantly commenced with a complaint by the treating hospital (62%) and were found to be closed (without judgment) in 50% of the cases, mostly due to a "lack of sufficient suspicion." Of the 23 cases with judgment, the court decided on acquittal in 4 cases (17%). Imprisonment was the most frequent sentence (16 out of 19 cases with conviction, 84%), whereby the sentence has been suspended on probation in 63% of the cases. Suspects and perpetrators were mostly male and derived from the close family environment of the injured children. All confessed perpetrators stated an "excessive demand" as the reason for the violent shaking of the child. The results of the present study are in line with data from other studies with other legal systems. As many criminal proceedings were closed and the 4 acquittals occurred because the perpetration could not be ascribed to a specific perpetrator, improving the forensic methods for such an unequivocal assignment would be desirable.

Spirit and truth: Reckoning with the crises of Covid-19 for the Church.

The Covid-19 pandemic forces North American churches to reckon with long-standing crises and questions surrounding online community, access to worship, decline in membership, the struggle of small congregations, and the reality of our global communion. This article describes a response grounded in faith defined as confidence in our liberation from pride and despair through Jesus Christ. There is need for clarity of doctrine and spiritual courage to fulfill the church's twofold mission to sustain and grow the body of Christ; both these tasks require courage to approach and speak from the Gospel in ever-new contexts and ages.

Distinguishing true from false confessions using physiological patterns of concealed information recognition - A proof of concept study.

Wrongful conviction cases indicate that not all confessors are guilty. However, there is currently no validated method to assess the veracity of confessions. In this preregistered study, we evaluate whether a new application of the Concealed Information Test (CIT) is a potentially valid method to make a distinction between true and false admissions of guilt. Eighty-three participants completed problem-solving tasks, individually and in pairs. Unbeknownst to the participants, their team-member was a confederate, tempting the participant to break the experimental rules by assisting during an individual assignment. Irrespective of actual rule-breaking behavior, all participants were accused of cheating and interrogated. True confessors but not false confessors showed recognition of answers obtained by cheating in the individual task, as evidenced by larger physiological responses to the correct than to plausible but incorrect answers. These findings encourage further investigation on the use of memory detection to discriminate true from false confessions.

Do False Memories Look Real? Evidence That People Struggle to Identify Rich False Memories of Committing Crime and Other Emotional Events.

Two studies examined whether people could identify rich false memories. Each participant in both studies was presented with two videos, one of a person recalling a true emotional memory, and one of the same person recalling a false memory. These videos were filmed during a study which involved implanting rich false memories (Shaw and Porter, 2015). The false memories in the videos either involved committing a crime (assault, or assault with a weapon) or other highly emotional events (animal attack, or losing a large sum of money) during adolescence. In study 1, participants (n = 124) were no better than chance at accurately classifying false memories (61.29% accurate), or false memories of committing crime (53.33% accurate). In study 2, participants (n = 82) were randomly assigned to one of three conditions, where they only had access to the (i) audio account of the memory with no video, (ii) video account with no audio, or (iii) the full audio-visual accounts. False memories were classified correctly by 32.14% of the audio-only group, 45.45% of the video-only group, and 53.13% of the audio-visual group. This research provides evidence that naïve judges are not able to reliably identify false memories of emotional or criminal events, or differentiate true from false memories. These findings are likely to be of particular interest to those working in legal and criminal justice settings.

Cumulative Disadvantage: A Psychological Framework for Understanding How Innocence Can Lead to Confession, Wrongful Conviction, and Beyond.

False confessions are a contributing factor in almost 30% of DNA exonerations in the United States. Similar problems have been documented all over the world. We present a novel framework to highlight the processes through which innocent people, once misidentified as suspects, experience cumulative disadvantages that culminate in pernicious consequences. The cumulative-disadvantage framework details how the innocent suspect's naivete and the interrogator's presumption of guilt trigger a process that can lead to false confession, the aftereffects of which spread to corrupt evidence gathering, bias forensic analysis, and virtually ensure wrongful convictions at trial or through pressured false guilty pleas. The framework integrates nascent research underscoring the enduring effects of the accumulated disadvantages postconviction and even after exoneration. We synthesize findings from psychological science, corroborating naturalistic evidence, and relevant legal precedents to explain how an innocent suspect's disadvantages can accumulate through the actions of law enforcement, forensic examiners, prosecutors, defense attorneys, judges, juries, and appeals courts. We conclude with prescribed research directions that can lead to empirically driven reforms to address the gestalt of the multistage process.

Examining College Student Perceptions of Criminal Justice Outcomes Among Persons With Mental Illness.

An extensive body of literature has documented punitive responses to mental illness in the United States that have coalesced around arrest and incarceration. Similarly, studies have highlighted the lack of treatment options available to persons with mental illness, as well as the fact the persons with mental illness are particularly susceptible to offering false confessions. Research on perceptions of these realities is, however, comparatively limited. This study contributes to the literature through the use of survey methodology to examine the perceptions of college students at a mid-sized university in the Southeastern United States as they relate to criminal justice outcomes among persons with mental illness. Results of multinomial regression models suggest that these perceptions are shaped by factors such as political orientation, semester standing, and punitiveness.

What Do Confessions Reveal About Abusive Head Trauma? A Systematic Review.

Although confessions related to abusive head trauma (AHT) are reported, no detailed analysis exists. Therefore, we systematically reviewed studies of AHT confessions and examined the details, including country of origin, mechanisms and perpetrators' characteristics [PUBLISHER - THE PRECEDING UNDERLINED TEXT IS FOR THE MARGIN]. Employing 36 search terms across three search engines, we searched Medline and CINAHL from 1963 to 2018. All relevant studies underwent two independent reviews and data extraction. Descriptive statistics were used to characterise the sample; chi square and Fisher's exact tests were used to assess differences in demographic and clinical characteristics. Of 6759 identified studies, 157 full texts were reviewed and 55 articles from 15 countries spanning four continents were included. Included articles contained 434 confessions. The mechanisms of abuse included shaking alone (64.1%), impact alone (17.1%), shaking plus impact (18.0%) and other (0.9%). There was no statistically significant difference in the percentage of confessions reporting shaking alone when comparing continents: North America (64.0%), Europe (64.2%) and Oceania (60.0%; P=.92), or when comparing circumstances in which the confession was obtained: medical evaluation (74.6%) vs police or judicial investigations (63.4%; P=.11). Of 119 cases with identified perpetrators, 67.2 per cent were cases with males alone. Confessions reveal striking similarities in the mechanism of AHT (predominantly shaking) and occur across the globe.

Confessions and Denials When Guilty and Innocent: Forensic Patients' Self-Reported Behavior During Police Interviews.

Several self-report studies together with analyses of exoneration cases suggest that suspects with mental disorder are especially prone to making false confessions. The present study asked 153 forensic patients in Germany about their behavior during suspect interviewing by the police. Self-reported ground truth of guilt and innocence was asked for, thereby taking into account that the risk of false confession is present only if a person has ever been interviewed when innocent. Indeed, surveying samples that include suspects who have never been interviewed when innocent may lead to underestimating the risk of false confessions. In the present study, all patients reported having been interviewed previously when guilty; and almost two-thirds (62%, n = 95), that they had also been interviewed at least once when innocent. These participants stated that they remained silent while being interviewed significantly more often when guilty (44%) compared to when innocent (15%). This corroborates laboratory research findings indicating that the right to remain silent is waived more often by innocent than by guilty suspects. Out of all 95 participants who were ever interviewed when innocent, 25% reported having made a false confession on at least one occasion. This result is in line with previous international research showing a high percentage of false confessions among suspects with mental disorder.

"I Did It, But Not Like That": Effects of Factually Incorrect Confessions on Juror Judgments.

Several high-profile cases involving wrongful convictions have featured factually incorrect confessions (i.e., confessions that contradicted case facts). The current research investigated the effects of factually incorrect confessions on juror judgments. In Experiment 1, participants read a trial transcript, containing either no confession, a factually correct confession, or a factually incorrect confession after a 1-hour or 10-hour interrogation. Afterwards, participants judged the coerciveness of the confession, guilt of the suspect and named accomplice, and strength of the prosecution's case. Experiment 2 used confessions with different factual errors and different interrogation lengths. Participants made the same legal judgments. In both experiments, participants rated a factually incorrect confession as more coerced than a factually correct confession. Participants fully discounted factually incorrect confessions when evaluating a defendant's guilt. However, compared to conditions with no confession, participants perceived a named accomplice as guiltier and the prosecution's case as stronger when the defendant provided a factually incorrect confession.

The Killing of Kitty Genovese: What Else Does This Case Tell Us?

Well known in popular culture, the 1964 murder of Kitty Genovese in Queens, New York, became famous because not one of an alleged 38 bystanders called police until it was too late. Within psychology, this singular event inspired the study of bystander intervention. With the spotlight of history focused on Ms. Genovese and bystanders, other events, also profound for what they tell us about human social behavior, have escaped public notice. Based on archival records and current interviews, this article describes the three issues linked to Genovese. First, three false confessions, taken from two individuals, led to their wrongful convictions and imprisonment. One of these individuals was cited by the U.S. Supreme Court in Miranda v. Arizona (1966); the other individual is alive and well and wants to clear his name. Second, the narrative of the unresponsive bystander was initiated by police, not by journalists, in response to probing questions about one of these confessions. Finally, there is the ironic fact, which somehow has slipped through the cracks, that the killer of Genovese was ultimately captured as a result of the intervention of two bystanders.

A national epidemiological study investigating risk factors for police interrogation and false confession among juveniles and young persons.

PURPOSE: The principal aims of this study are to identify risk factors associated with police arrest and false confessions and to investigate whether the severity of the ADHD condition/symptoms increases the risk. METHODS: 22,226 young persons in Iceland anonymously completed self-report questionnaires screening for conduct disorder and ADHD. In addition, they stated whether they had a diagnosis of ADHD and had received ADHD medication, and their history of offending, police interrogation and false confession. Participants were stratified into two age groups, 14-16 and 17-24 years. RESULTS: The older group was significantly more likely to have been interrogated by the police but the younger group were much more vulnerable to false confession during interrogation. Males were more likely to be at risk for both than females. The severity of the ADHD condition increased the risk of both interrogation and false confession. Negative binomial regressions showed that age, gender, conduct disorder, offending, and ADHD symptoms were all significant predictors of both interrogations and number of false confessions. Conduct disorder was the single best predictor of police interrogation, but the findings were more mixed regarding false confessions. Young people presenting with a combination of severe ADHD and comorbid conduct disorder had the worst outcome for both interrogation and false confessions. CONCLUSIONS: The findings endorse the need for support of persons with ADHD to be put in place to ensure fair due process and to prevent miscarriages of justice.