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Deceptive Techniques Used By Cops Term Paper

Police Deception is an integral part of the police arsenal during interrogation. The tactics and techniques of deception have been finely honed, and continue to improve to allow for effective interrogation and information retrieval. Within the framework of judicious police interrogation, the techniques and tactics can be employed effectively, efficiently, and ethically. A few, like the Reid Technique, have been criticized for their misuses and for their tendency to create false confessions (McKee, 2014). Other tactics and techniques do deserve to remain part of the overall law enforcement strategy, especially when the tactics and techniques preserve the integrity of the investigation. One of the most commonly used deceptive interrogation tactics is minimization. Minimization is used to engender trust and establish a bond of communication with the suspect. The law enforcement officer basically bluffs throughout the interview, downplaying the severity of the crime itself, feigning sympathy with the suspect's point-of-view, and reinforcing the suspect's alibi. Minimization is a tactic that does not necessarily need to adversely impact the validity of information gained during an interview, which is why minimization should continue to be used.

It is important to remember that interrogations of suspects in the police context are almost always "guilt-presumptive processes," (Redlich & Meissner, n.d., p. 3). Presumed guilt is potentially problematic, as it can entail confirmation bias that could sidetrack an investigation, lead to legal and ethical conundrums, and potentially lead to false confessions. However, it is also assumed that once law enforcement selects a suspect for interrogation, the suspect has already passed numerous tests and evaluations that lead to a reasonable enough suspicion of guilt to warrant using deception as a tactic. The experience of the presiding officers and the caliber of the law enforcement team are significant variables when determining the efficacy of using minimization and similar tactics in suspect interrogations.

Interrogations...

Whereas professionals in other areas of practice are expressly prohibited from using deception and outright lying, police officers are permitted to deceive. A number of Supreme Court cases have upheld the right of officers to do so including Sorrells v. U.S. And U.S. v. Russell (Rutledge, 2007). Ethical dilemmas aside, interrogations provide an opportunity to gather the most critical information needed in an investigation. Law enforcement officers would be constrained if they were unable to deceive suspects in order to solicit information. For this reason, the general public affords law enforcement officers the ability to lie -- just as the general public affords law enforcement officers the ability to use force.
Minimization is a technique that all law enforcement officials use at some point in their career in order to extract information or a confession. In my personal and professional experience, I have seen minimization be used effectively to achieve the goal of breaking down communications barriers between suspect and officer. Suspects come into the interrogation room filled with a gamut of emotions including fear, anger, and worry. The goal of minimization is to capitalize on these emotions to help the suspect cooperate. A law enforcement officer might tell the person that their confession will lead to a lesser sentence, for example, something that may or may not be true. As long as the suspect has been read the Miranda rights, it is within the rights of the presiding officer to use minimization to trick the suspect. When the suspect does not yield any information in the course of the interrogation, the officers either try a new tactic or they reevaluate their suspect pool.

Not all suspects will respond to minimization, however. Law enforcement officers never really know which suspects will, but there are some cues as to how to effectively employ the tactic. For example, a first time offender might be especially prone to softening up when minimization is being used. A repeat offender…

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References

Bell, R. (n.d.). Coerced false confessions during police investigations. Crime Library. Retrieved online: http://www.crimelibrary.com/notorious_murders/not_guilty/coerced_confessions/2.html

McKee, E. (2014). The line between deception and fabrication. Temple Law Review. 14 Nov, 2012. Retrieved online: http://sites.temple.edu/lawreview/2012/11/14/the-use-of-deception-and-other-ethical-implications-in-interrogation-methods/

Redlich, A.D. & Meissner, C. (n.d.). Techniques and controversies in the interrogation of suspects. In Skeem, J.L., K. Douglas & S. Lilienfeld (Eds.) Psychological Science in the Courtroom. Retrieved online: http://digitalcommons.utep.edu/cgi/viewcontent.cgi?article=1036&context=christian_meissner

Rutledge, D. (2007). The lawful use of deception. Police. Jan 1, 2007. Retrieved online: http://www.policemag.com/channel/patrol/articles/2007/01/point-of-law.aspx
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