The Science of False Confessions: What Jurors Don’t Know

To jurors, it seems impossible that anyone would deliberately confess to something they didn’t do. Because of this, jurors tend to take any official confessions as fact. Unfortunately, false confession statistics show otherwise. When someone is under severe pressure, they can end up saying things that are untrue and facing a lifetime of potential consequence.s

Research shows that false confessions cases happen for a range of different reasons. Intimidation by police is a major factor. For jurors, it can be hard to understand the impact of intimidation, coercive tactics, force, and isolation on false confessions. Law enforcement can use deceptive methods, like lying about evidence, which only increases the stress and mental exhaustion faced by the individual.

After hearing that there is evidence, the innocent person may confess, especially if the police promise to be lenient. Long hours in interrogation can significantly increase the likelihood of a false confession. In fact, the typical false confession happens after someone has been interrogated for 16 hours. The longer someone spends in interrogation, the greater the odds of a false confession.

The Innocence Project is an organization that has worked to use DNA to prove the innocence of people wrongfully convicted of crimes. In 29% of the cases they’ve had overturned through DNA exonerations, there was a false confession involved.

The false confession statistics show that certain factors make a false confession more likely. 49% of the false confessors were under the age of 21. A total of 9% had a mental disorder or mental capacity issue that was known to everyone during the trial. Besides age and mental illness, people who do not speak English well are also more likely to admit to a crime that they didn’t commit.

Thanks to coercion, intimidation, and other factors, there are many types of false confessions that can occur. If you have falsely confessed to a crime that you did not commit, there are a few steps you should take to try to remedy the problem.

• Call a lawyer: If you haven’t called or requested a lawyer already, do so immediately. Once you ask for a lawyer, it stops the interrogation. Your attorney can help you determine the best course of action for proceeding with your case and protecting your legal rights.
• Stop talking: One of your Miranda Warning rights is the right to stay silent. The Constitution protects defendants from incriminating themselves, so take advantage of this right. Politely express your decision to use your right to remain silent. Then, don’t say anything until your attorney shows up.
• Get witnesses: Once you have a false testimony, two main things will have to happen. Either the lawyer will need to get the confession thrown out on various legal grounds, and they will need to disprove it in court. To do so, they will need to interview witnesses to see if there are people whose testimony differs from yours.
• Review the evidence: Similarly, your lawyer will need to review the evidence to determine if there is proof that disproves your confession, like DNA evidence that shows someone else was at the scene.
• Find grounds for tossing out the confession: Sometimes, your attorney can get the confession thrown out. For example, the police are required to Mirandize you during the arrest process. If they didn’t read your Miranda Rights and you confessed afterward, your lawyer may be able to get your confession thrown out.

The false confessions statistics are striking. Many people admit to crimes that they did not commit, and this can lead to years spent in prison. Because of this, it is important to always ask for a lawyer if you are being interrogated by police. There are many pressures in the interrogation room that can cause a false confession, which is why you need professional legal help.

To get help after a false confession, reach out to our legal team today.