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PREVENTING FALSE CONFESSIONS
Requirement That Interrogations Be Recorded Is the Best Way To Preserve Integrity Of Confessions
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
The New York-based Innocence Project reports that as of September 10, 2010 there have been 258 DNA exonerations in this country. The project says that 25 percent of them involved false confessions and incriminating statements.
So why would a person confess to somewhat he didn’t do?
“The interrogation itself is stressful enough to get innocent people to confess,” Saul Kassin, psychology professor at John Jay College of Criminal Justice in New York told the Chicago Tribune this past July. “But add to that a layer of grief and shock and perhaps even some guilt—‘I should have been there’—and then that the parent is trying like hell to be cooperative because they want the murder of their child solved.”
Professor Kassin was referring to a case like that of Kevin Fox who, according to the Tribune, spent 14 hours in a small, windowless interrogation room before he “simply gave up” and confessed to the murder and sexual assault of his three-year old daughter. The detectives handling the interrogation denied Fox’s request for an attorney; threatened to have it arranged so other inmate could rape him; repeatedly screamed at him while showing him pictures of his daughter bound and gagged with duct tape; and told him that his wife was going to divorce him.
Fox needed relief—any kind of relief. He finally agreed with the detectives’ “hypothetical account” of how his daughter had died in an accident. He believed the “phony details” would not match the evidence ultimately developed by the police. He was wrong. Tribune reporters Steve Mills and Lisa Black said the police kept him in jail 8 months before DNA evidence excluded him as a suspect, This past May, the newspaper reported, another man was arrested for the rape/murder of Fox’s three-year-old daughter.
“Trauma, lack of sleep and highly manipulative interrogation techniques are a few factors that can cause the most level-headed people to falsely confess to a crime,” Mills and Black wrote, “even one as heinous as a child’s murder.”
Added to these factors Psychology Today reported in 2003 that children, the mentally handicapped, or individual’s whose recollections are clouded by drugs or alcohol, are “particularly vulnerable” to begin doubting their own memory. The Innocence Project lists the following factors the group says contributes to false confessions:
- Duress
- Coercion
- Intoxication
- Diminished capacity
- Mental impairment
- Ignorance of the law
- Fear of violence
- The actual infliction of harm
- The threat of a harsh sentence
- Misunderstanding the situation
The Innocence Project agrees with Psychology Today that confessions from juveniles are particularly unreliable because children can be so easily manipulated. Children tend to believe they can “go home” as soon as they admit guilt. Likewise, the group agrees with Psychology Today that “people with mental disabilities have often falsely confessed because they are tempted to accommodate and agree with authority figures.”
These disadvantaged individuals are really at the mercy of police interrogators who have no “special training on questioning suspects with mental disabilities” and who tend to view mental impairment as an opportunity to secure a confession with little or no regard for its veracity. And it should be stressed that the same manipulative interrogation techniques used on these vulnerable individuals can also prompt “mentally capable adults” to give false confession as well because, as the Innocence Project suggests, they are often subjected to lengthy interrogations under harsh physical conditions; brow-beaten into mental, physical and psychological exhaustion; or led to believe they will be released after confessing and can then prove their innocence.
That’s why more than 500 jurisdictions nationwide, according to the Innocence Project, “regularly record police interrogations.” The group cited a 2004 Illinois study of 200 locations that recorded police interrogations and found law enforcement officials embracing the concept “as good law enforcement whose time has come.” In fact, as least two state supreme courts, Alaska and Minnesota, have ruled that their constitutions provide criminal defendants with a due process right to have their “custodial interrogations recorded.” Illinois in 2003 became the first state require by law the recording of all custodial interrogations. To date, according to the Timothy Cole Advisory Panel on Wrongful Convictions (Panel) Report, 17 states and the District of Columbia, require custodial interrogations be recorded either through state law or court decisions.
And if recommendations handed down by the Panel last month are adopted, custodial interrogations in the State of Texas will be recorded “from delivery of Miranda warnings to the end” of the interrogation process. The Panel, however, qualified its recommendation with the caveat that “the policy should include a list of exceptions to recording and the judicial discretion to issue a jury instruction in the case of an unexcused failure to record.”
These exceptions would include:
- Equipment malfunction,
- Uncooperative witnesses,
- Spontaneous statements,
- Public safety exigencies, or
- Instances where the investigating officer was unaware that a crime required recorded interrogations had been committed.
But the Panel was firm on the principle that all custodial interrogations be mandatory in the following cases:
- Murder,
- Capital murder,
- Kidnapping,
- Aggravated kidnapping,
- Continuous sexual abuse of a child,
- Indecency with a child,
- Sexual performance by a child,
- Sexual assault, and
- Aggravated sexual assault.
The Panel, citing the Washington, D.C.-based The Justice Project’s study Convicting The Innocent, found that “false convictions have contributed to wrongful convictions in Texas.” The Panel place false confessions in three categories: voluntary, coerced-compliant, and coerced-internalized. The Panel described each category as follows: “In a voluntary false confession, an innocent person may offer a false confession without being questioned by investigators. The two types of coerced confessions are elicited through the process of interrogation. In coerced-compliant false confessions, the suspect confesses for a functional purpose, such as to escape a situation or avoid a threat. Those who give coerced-internalized false confessions, however, ‘come not only to capitulate in their behavior, but also to believe that they committed the crime in question.’”
Citing a North Carolina Law Review article titled “The Problem of False Confessions in the Post-DNA World” by Steven A. Drizin and Richard A. Leo, the Panel found that a “large proportion of documented false confessions” come from young suspects, 35 percent of whom are under age 18 and 50 percent under age 25. The studies also show that a high percentage of proven false confessions occurred after unusually long interrogations, an average of 16.3 hours with two lasting between 48 and 96 hours.
More recently The New York Times reported about a study conducted by Brandon L. Garrett, a law professor at the University of Virginia, which found that more than 40 persons since 1976 gave false confessions only to later be exonerated by DNA evidence—many of whom, as the Times reported, were “pressed beyond endurance by persistent interrogators. Peter J. Neufeld, founder of the Innocence Project, found the results of Garrett’s study disturbing. “In the past, if somebody confessed, that was the end,” Neufeld told the Times. “You couldn’t imagine going forward.”
Recording custodial interrogation eliminates the kind of law enforcement abuses cited in these studies and lends integrity to the front end of the custodial process. The Panel, and other reliable authorities, point out that “confessions have a significant impact on jury verdicts and sentencing. Studies have found that confession evidence has a greater impact on jurors and is seen as having a greater impact by jurors than any other type of evidence.”
That’s why the New York County Lawyers’ Association and the American Bar Association’s Section of Criminal Justice, Report to the House of Delegates 15, have strongly recommended that there be a complete recording of all custodial interrogations. We join in with that recommendation. It is a recommendation shared by many—some who have advocated it for years. For example, one 1993 study by William A. Geller found 2400 police and sheriff departments across the country that videotaped at least some of their interrogations with 84 percent of them finding the practice improved the quality of custodial interrogations.
There are more than 1000 law enforcement agencies in Texas. In 2009 the Justice Project conducted a survey of 441 of these departments and found that 380 of them “indicated that they either routinely record custodial interrogations, record interrogations for certain classes of felonies, or record interrogations at the discretion of the lead investigator.” Police departments in Houston, Dallas, San Antonio, Austin, Amarillo, Corpus Christi, El Paso, Irving, and Pasadena provide what the Panel called “more robust recording of interrogations.”
We agree with the Panel that false confessions will never be completely eliminated from our justice process, but a mandatory, statewide statutory requirement that all custodial interrogations be recorded is the best way to document and preserve the integrity of confessions so that judges and juries can make the most reliable decisions about them.
Take the first step toward protecting your freedom by contacting us now
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John T. Floyd Law Firm
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Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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Im impressed. This guy was polite and professional and most important...he listened.
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Very informative
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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