California Interrogation Reform Bill Will Prevent False Confessions

[courtesy of California Progress Report]

By John F. Terzano
President
The Justice Project

David Allen Jones spent 12 agonizing years in a California prison for a crime he did not commit. Then DNA exonerated him.

Mr. Jones was convicted of three murders he falsely confessed to after being interrogated by a team of detectives and taken to each of the crime scenes. During the intense interrogation, Jones was prodded by detectives and corrected when he gave statements that contradicted the evidence.

Jones was a mentally retarded, part-time janitor with an IQ in the low 60’s. There was no physical evidence or witnesses linking Jones to any of the killings and he was convicted almost entirely as a result of his false confession.

Unfortunately, Mr. Jones story is not unique. False confessions have played a role in wrongful convictions in California, and in approximately 20% of wrongful convictions nationwide.

Please visit The Justice Project’s website for information on reforms that will help prevent false confessions. Also the ACLU of Northern California has an effort underway to help end wrongful convictions. Confessions are often viewed as the most powerful evidence at trial, and can even overcome other types of evidence that points to the defendant’s innocence.

For these reasons, it is essential that reforms be put in place to ensure that confessions are reliable.

Decades of psychological research have demonstrated how some traditional and aggressive interrogation techniques can lead to false confessions. These include the use of false information, lengthy interrogation sessions. When paired with certain personality characteristics, these techniques can cause a person to falsely confess.

Reforms are needed to help judges and juries accurately assess the circumstances surrounding a confession. To this end, California must mandate the full electronic recording of custodial interrogations – from the Miranda warning until the end of the interview. These reforms will also help protect police officers from false claims of coercion or abuse by providing an objective record of the facts.

It is especially important to record interrogations involving juvenile suspects and those whom authorities have reason to believe are mentally retarded or mentally ill. As demonstrated in Mr. Jones’ case, these populations are particularly vulnerable to interrogation tactics and significantly more likely to falsely confess.