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Practice Exams

Module 8.7: Interrogation Methods & Confession Admissibility

I. The Nature and Purpose of Interrogation

  • Definition: The systematic and confrontational questioning of a suspect to obtain a confession or admission of guilt.
  • Purpose:
    1. To obtain a legally admissible confession.
    2. To learn the truth about the crime and how it was committed.
    3. To discover the identity of accomplices.
    4. To locate the fruits of the crime (e.g., stolen property) or the weapon used.

The Interrogation Room

The physical environment is a critical tool in a police interrogation.

  • Privacy: The room should be private and soundproof, with no distractions.
  • Minimalist: It should contain only a table and three chairs (for the two investigators and the suspect). There should be no pictures, windows, or other objects to distract the suspect.
  • Seating Arrangement: The investigators should sit between the suspect and the door to create a sense of psychological (not physical) entrapment.

III. Legal Constraints: The Rights of the Accused

The use of interrogation techniques is heavily constrained by the law. A confession will be inadmissible in court if it was not obtained legally.

A. The Miranda Doctrine (USA) / The 1987 Philippine Constitution, Article III, Section 12

This is the bedrock of a suspect's rights during a custodial investigation. A custodial investigation is questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of their freedom of action in any significant way.

Before any questioning can begin under these circumstances, the suspect must be warned of their rights:

  1. "You have the right to remain silent."
  2. "Anything you say can and will be used against you in a court of law."
  3. "You have the right to an attorney."
  4. "If you cannot afford an attorney, one will be provided for you."

B. Republic Act 7438

This Philippine law further defines and reinforces the rights of persons under custodial investigation.

  • It reiterates the Miranda rights.
  • It specifies that the right to counsel means having a "competent and independent counsel, preferably of his own choice."
  • It makes it a criminal offense for police to obstruct a lawyer or a family member from visiting a person in custody.

C. The Requirement for a Valid Confession

For a confession to be admissible as evidence in a Philippine court, it must be:

  1. Voluntary: It must not have been obtained through force, threats, intimidation, or any other means that vitiates the free will of the person.
  2. In Writing: The confession must be written down.
  3. Signed by the Accused: The accused must sign the written confession.
  4. Made in the Presence of Counsel: The confession must be signed in the presence of the accused's lawyer. A confession made without a lawyer present is inadmissible.

Board Exam Tip: The presence of a competent and independent counsel during the signing of a written confession is an absolute requirement. A confession obtained without it is worthless in court.

Conclusion

Interrogation is a powerful and necessary tool for solving crimes, but it is a double-edged sword. When used skillfully and ethically, it can uncover the truth and bring offenders to justice. When used improperly or illegally, it can lead to the suppression of evidence and, in the worst cases, the conviction of an innocent person. A professional investigator must therefore be a master of not only the psychological techniques that produce confessions but also the legal rules that protect the rights of the accused, ensuring that justice is both done and seen to be done.

Introduction

While an interview seeks to gather information, an interrogation has a more specific and challenging goal: to secure a confession or admission from a suspect who is believed to be guilty. Interrogation is a psychological battle of wits between the investigator and the suspect. It involves the use of persuasive techniques, psychological pressure, and strategic questioning to break down a suspect's resistance to telling the truth. However, these powerful techniques must be balanced against the strict legal rules that govern the admissibility of a confession in court.

Key Learning Objectives:

  • Define interrogation and its primary purpose.
  • Describe the ideal physical environment for an interrogation.
  • Explain several psychological techniques used in interrogation (e.g., minimization, maximization).
  • Understand the legal rights of a suspect under the Miranda Doctrine and RA 7438.
  • Identify the requirements for a confession to be considered valid and admissible in court.

II. Psychological Techniques in Interrogation

A successful interrogator is a master of applied psychology. The goal is to make the suspect feel that confessing is the best or only option.

General Approaches

  1. Sympathetic Approach (Minimization):

    • The interrogator expresses sympathy, understanding, and compassion for the suspect.
    • They "minimize" the moral seriousness of the crime, suggesting that anyone could have made the same mistake.
    • Themes: "I understand why you did it." "You were under a lot of pressure." "It wasn't your fault."
    • Goal: To lull the suspect into a false sense of security and to get them to see the interrogator as a confidant.

  2. Authoritative Approach (Maximization):

    • The interrogator presents a confident, overwhelming case against the suspect, making them feel that their guilt is already proven and that resistance is futile.
    • The interrogator may exaggerate the strength of the evidence against the suspect. (Note: While police can lie about evidence, they cannot fabricate evidence).
    • Themes: "We have your fingerprints at the scene." "Your accomplice is in the next room telling us everything." "The jury will see you as a cold-blooded killer if you don't tell your side of the story."
    • Goal: To make the suspect feel hopeless and believe that confessing is the only way to get any leniency.

Specific Interrogation Techniques

  • The "Good Cop, Bad Cop" Routine: Two interrogators work together. The "bad cop" is aggressive and hostile. The "good cop" is kind and sympathetic. The bad cop leaves, and the good cop offers the suspect a way out by confessing to them.
  • The Bluff on a Split Pair: Used on two or more suspects. The suspects are separated, and one is told that the other has already confessed and pinned all the blame on them.
  • The Alternative Question: Giving the suspect two choices for why they committed the crime, both of which are incriminating. "Did you plan this for weeks, or did it just happen on the spur of the moment?"
  • The Guilt-Trip: Appealing to the suspect's sense of shame, religion, or decency.

IV. Why Do People Confess?

  • Belief in Guilt: The interrogation convinces them that the police have an airtight case and that resistance is futile.
  • Psychological Relief: The act of confessing can relieve the internal guilt and stress the person has been carrying.
  • Desire for Leniency: They believe that confessing may lead to a lighter sentence or better treatment.
  • Coercion: In a wrongful confession, the person confesses due to fear, exhaustion, or a desire to end a long and intense interrogation, even though they are innocent.

False Confessions

It is crucial to remember that interrogations can sometimes lead to false confessions. This is why a confession should always be corroborated with independent physical evidence. A good investigator never considers a case closed based on a confession alone.