To a jury and prosecutors, a confession is more persuasive than an eyewitness testimony. There is no reliable way to tell if someone is guilty or not guilty when it comes to false confessions. They may show signs of very high or very low anxiety. This could be a sign of guilt but not necessarily.

Fidgeting may be a sign of being uncomfortable because they confessed but only because they are not guilty and never thought of the consequences of a guilty plea. The suspect could throw all of their eggs into one basket and believe that the justice system is simply what it says it is… just. But that may not always be the case.

Interrogation

There are other reasons that the guilty confess. Many innocent people waive their rights to silence and counsel when they are unfamiliar with the justice system and they are innocent. They feel because they are innocent justice will prevail. That is just not so. More often than not they are interrogated for hours in a small room with only one bright light shining in their face. They are isolated from anything familiar. They are asked leading questions and are made to believe that there is evidence against them.

The innocent person begins to question their belief of innocence. The room they are in is very small and after several hours of questioning the walls look even closer. They may even get claustrophobic. Finally out of shear exhaustion the suspect can no longer think clearly. They are in a frame of mind that leaves them highly susceptible to the suggestions of persons in authority. And also more likely to confess to crimes they did not commit.

The pressure, evidence and even freedom from guilt may cause an innocent person to confess. If presented with a feasible motive to the crime that was committed even innocent persons crumble under the stress.

Pressure

Pressure on the mentally, emotionally, and the physically unstable can bring about a false confession. Suspects high on drugs or alcohol have been known to confess or are coerced into confessions by interrogators. These are usually thrown out of court when the facts are revealed. Some confessions are taken from the homeless. The homeless are in a state where a prison term looks better to them than a winter out in the cold.

Minimization Technique

The minimization technique downplays the offense and its seriousness. Many critics argue that this technique causes false confessions. This technique gives the suspect two choices when answering the interrogators questions. Both choices are incriminating but one of the questions posed is presented in such a way that it makes the suspect’s crime look justified and helps them seem to “save face”. This causes the suspect to believe that he will receive leniency because it could have been worse. In other words the suspect did the crime “for the right reason”. For example, the suspect has committed a robbery. The interrogator is trying to keep the suspect talking so the suspect is asked an “either/or” type of question.

One choice may look more desirable to the suspect because it shows him in a more favorable light. For instance: Did you use the money you stole to pay the bills and buy food for your kids or did you blow it to buy liquor and fancy clothes for yourself? Many suspects would believe that the first part of the question shows them in a more positive light when in fact it just shows them as guilty. They have just, possibly without their own knowledge, confessed.

There are other ways to soften and minimize a crime during interrogation. Instead of using police jargon the investigator will use terms of the layperson. The interrogator may ask, “Did you go into that house because you were going to borrow that money and always had intended to give it back? Instead of saying, “Did you willfully break and enter in order to steal that money?” The interrogator may also say, “We are just looking for you to “tell the truth”, instead of saying, “We are expecting you to confess to this crime”. These softening techniques diminish the seriousness of the crime and make it easier for the suspect to confess.

All in all people confess for an almost infinite variety of reasons. Whether or not the false confession continues to plague the system with doubt remains to be seen. The issues faced during a confession should be carefully reviewed – innocent or guilty? The two should be scrutinized with the utmost care to determine if the confession will hold up in a court of law. Was it coerced or not?Questioning the confession at the time it is rendered should be common practice. The evidence should always substantiates the confession.