PSYC 3310 Lecture Notes - Lindbergh Kidnapping, Richard Ofshe, Forensic Psychology
3 Dec 2012
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Interrogating a suspect: the importance of a confession. A confession is the most damaging that can be presented at trial (kassin, 1997) Quest for a confession can be fierce-- increase clearance rate. Role of forensic psychologist: to convince law-enforcement to examine interrogation procedures. Suspect must be informed of rights-- canadian charter of rights and freedoms, s. 7 (legal rights); Problem 1: innocent people assume they wont say anything incriminating. Problem 2: r. v. hebert, [1990] 2 scr 151. The scope of the right to silence, does not prohibit police from obtaining confessions in all circumstances, subject to the following limits . Suspect may be interrogated without counsel after counsel has been retained. Right to silence/counsel only applies after detention (i. e. , police custody) Right does not affect voluntary statements (e. g. , to cell mates), but police must not subvert constitutional right not to make statements.
