69%
of Innocent People in Experiment Signed False Confession
By Hans Sherrer
Justice:Denied
magazine, Issue
27, Winter 2005, page 18
Sixty-nine
percent of the 79
participants in a 1996 experiment at Williams College signed a
confession after being falsely accused of causing a computer program to
crash with the loss of data. The experimenters, Saul Kassin and
Katherine Kiechel, wrote about their findings in The Social Psychology of
False Confessions
(see, Psychological
Science,
V. 7. N. 3, 125-8, May 1996).
The
40 males and 39 females that
participated were told they were involved in a typing experiment. They
were instructed to type the letters on a computer keyboard spoken by a
person. However they were warned not to press the
“ALT”
key, since it would cause the computer program to crash and data to be
lost.
The
participants were not told that
the object of the experiment was to find their response to being
falsely accused and interrogated about their supposedly negligent act
of pressing the “ALT” key while typing the letters.
The study was intended to provide information about four areas of false
confessions about which little information is known:
- How often will the
presentation of false evidence lead a person
to confess to an act they didn’t commit?
- How many of the people who
falsely confess believe that it is
true?
- How many of people who
believed their false confession fabricated
details about their non-existent act?
- How does the level of a
person’s certainty about their
innocence affect that person’s vulnerability to falsely
confessing?
To
measure the effect of a
participant’s certainty of not pressing the
“ALT” key
on their likelihood of falsely confessing,the letters to be typed were
read slowly (43 letters per minute) to half the participants by a
tester and 50% faster (67 letters per minute) to the other half. The
idea being that with more time to press the “right”
key,
the participants in the former group might be more certain of their
innocence of pressing the “ALT” key, and thus have
a
“lower vulnerability” to falsely confessing than
the latter
group, who with less time between keystrokes might have a
“higher
vulnerability” to falsely confessing. The experiment found
there
was a correlation between certainty of one’s innocence and
signing a false confession.
To
measure the effect of confronting
a suspect with false evidence of his or her guilt, half the
participants were told an onlooker (a confederate in the experiment)
was an eyewitness to their pressing of the “ALT”
key, while
the other half were not presented with independent evidence that they
had pressed the key. The idea being that the former group might be less
certain of their innocence than the latter group. The experiment found
there was a correlation between being confronted with false evidence of
one’s guilt and signing a false confession.
Since
interrogators are trained to
increase a suspect’s vulnerability by lying to a suspect that
evidence ties him or her to the crime (e.g., an eyewitness,
fingerprints, DNA, etc. that doesn’t actually exist), the
experiments finding about the rate of false confessions when an
“eyewitness” confirms that the
“ALT” key was
pressed is important for understanding what happens in the real world.
The chart shows the studies results when an innocent person is
confronted with the evidence of a false eyewitness to their alleged
negligent act.
The
table shows that when questioned
about pressing the “ALT” key allegedly witnessed by
another
person, 94% of the innocent participants signed what was in fact a
false confession. Perhaps more remarkably, 54% of those people believed
they had pressed the “ALT” key when they
hadn’t, and
20% confabulated facts explaining their non-existent pressing of the
“ALT” key.
The
meat of the experiment began when
the computer screen suddenly went blank as a participant was typing a
letter. The tester then examined the keyboard and the computer. After
verifying that data was lost, the tester asked the participant:
“Did you hit the “ALT” key?”
All the
participants initially denied pressing the “ALT”
key
(Mimicking the reflex response: ‘No Mommy! I didn’t
take
the cookies out of the cookie jar!’). However, whether the
answer
was affirmative or negative, the tester than wrote out a confession
that the participant was asked to sign, “I hit the
“ALT” key and caused the program to crash. Data was
lost.” (126) Each participant was told a consequence of
signing
the confession would be a phone call from an investigator. If the
participant refused to sign, they were asked a second time. Eventually,
a high percentage signed the confession.
In
addition to signing a confession,
some participants made a voluntary statement. Among them, “I
hit
the wrong button and ruined the program.”; “I hit a
button
I wasn’t supposed to.”; and, “I hit it
with the side
of my hand right after you called out the
‘A’”.
(126-7)
After
each participant had either
signed the confession or refused to do so, they were told that they
hadn’t pressed the “ALT” or caused the
loss of any
data. According to Kassin and Kiechel, they mostly “reacted
with
a combination of relief (that they had not ruined the experiment),
amazement (that their perceptions of their own behavior had been so
completely manipulated), and a sense of satisfaction (at having played
a meaningful role in an important study).” (127)
The
experiment’s finding that
there is a high likelihood an innocent person can be induced to falsely
confess is highlighted by the finding that 35% of the participants
falsely confessed who had a low vulnerability and no eyewitness claimed
to have seen him or her press the “ALT” key. Its
further
finding that an innocent suspect is almost twice as likely to falsely
confess when an interrogator lies about fake incriminatory evidence,
suggests that techniques increases the unreliability of a confession to
such a degree that it should be barred in real life.
Although
critics correctly claim the
experiment didn’t mimic the conditions of a police
interrogation
– that fact makes its findings all the more compelling. The
participants were not subject to the overbearing pressure of being
interrogated about a crime of which they knew nothing by the police in
a hostile environment. They were all intelligent (avg. SAT over 1300),
self-assured college students voluntarily participating in an activity
and subjected to a grilling that they could have walked away from at
any time. Furthermore, Kassin and Kiechel point out that the
internalization of guilt and the fabrication of explanations by a
significant percentage of the participants for their non-existent
negligent action, “is not seriously compromised by the
laboratory
paradigm that was used.” In other words, it reflects what
people
do in the real world.
The
experiment has serious
implications for considering that a person’s claim of having
falsely confessed has much more likelihood of validity than the
incredulity that might intuitively be ascribed to such a claim. The
importance of taking a false confession claim seriously is underscored
by what was reported in a subsequent article that Kassin co-authored, Coerced Confessions and
the Jury:
“In
the
studies reported in this article, mock jurors did not sufficiently
discount a defendant’s confession in reaching a verdict
–
even when they saw the confession as coerced, even when the judge ruled
the confession inadmissible, and even when participants said it did not
influence their decision-making. The mere presence of a confession was
thus sufficient to turn acquittal into conviction, irrespective of the
contexts in which it was elicited and presented. (42)
…
…the presence of any confession powerfully increased the
conviction rate – even when it was seen as coerced, even when
it
was ruled inadmissible, and even when participants claimed that it did
not affect their verdicts.” (44) (Coerced Confessions and
the Jury: An
Experimental Test of the “Harmless Error” Rule,
Saul
M. Kassin and Holly Sukel, Law and
Human Behavior, Vol. 21, No.
1, 1997, 27-46.)
So
once made, the negative
consequences of a false (or suspect) confession cannot be undone by
anything less than dismissal of the charges. Since that is a rarity,
the integrity of the criminal prosecution system is grievously
undermined by the prevalence of false confessions, the techniques used
to obtain them, and the deficient ability of police, prosecutors,
judges and jurors to detect a real confession from a false one, or to
discount it as evidence when it is known to be false.