Subtitles section Play video
-
Tyler Edmonds,
-
Bobby Johnson,
-
Davontae Sanford,
-
Marty Tankleff,
-
Jeffrey Deskovic,
-
Anthony Caravella
-
and Travis Hayes.
-
You probably don't recognize their faces.
-
Together, they served 89 years for murders that they didn't commit;
-
murders that they falsely confessed to committing when they were teenagers.
-
I'm a forensic developmental psychologist,
-
and I study these types of cases.
-
As a researcher,
-
a professor
-
and a new parent,
-
my goal is to conduct scientific research that helps us understand
-
how kids function in a legal system that was designed for adults.
-
In March of 2006,
-
police interrogated Brendan Dassey,
-
a 16-year-old high school student with an IQ around 70,
-
putting him in the range of intellectual disability.
-
So here's just a brief snippet of his four-hour interrogation.
-
(Video) Police 1: Brendan, be honest.
-
I told you before that's the only thing that's going to help you here.
-
We already know what happened, OK?
-
Police 2: If we don't get honesty here --
-
I'm your friend right now,
-
but I've got to believe in you,
-
and if I don't believe in you,
-
I can't go to bat for you.
-
OK? You're nodding.
-
Tell us what happened.
-
P1: Your mom said you'd be honest with us.
-
P2: And she's behind you 100 percent no matter what happens here.
-
P1: That's what she said, because she thinks you know more, too.
-
P2: We're in your corner.
-
P1: We already know what happened, now tell us exactly. Don't lie.
-
Lindsay Malloy: They told Brendan that honesty would "set him free,"
-
but they were completely convinced of his guilt at that point.
-
So by honesty, they meant a confession,
-
and his confession would definitely not end up setting him free.
-
They eventually got a confession from Brendan
-
that didn't really make sense,
-
didn't match much of the physical evidence of the crime
-
and is widely believed to be false.
-
Still, it was enough to convict Brendan and sentence him to life in prison
-
for murder and sexual assault in 2007.
-
There was no physical evidence against Brendan at all.
-
It was nothing more than his own words
-
that sent him to prison for nearly a decade,
-
until a judge overturned his conviction just a few months ago.
-
The Dassey case is unique because it made its way into a Netflix series,
-
called "Making a Murderer,"
-
which I'm sure many of you saw,
-
and if you haven't, you should definitely watch it.
-
The Dassey case is also unique
-
because it led to such intense public outrage.
-
People were very angry about how Brendan was questioned,
-
and many assumed that his interrogation had to have been illegal.
-
It wasn't illegal.
-
As someone who's a researcher in this area
-
and is familiar with police interrogation training manuals,
-
I wasn't really surprised by what I saw.
-
The fact is, Dassey's interrogation itself is actually not all that unique,
-
and to be honest with you, I've seen worse.
-
So I understand the public outcry about injustice
-
in Brendan Dassey's individual case.
-
But let's not forget that approximately one million or so of his peers
-
are arrested every year in the United States
-
and may be subjected to similar interrogation techniques,
-
techniques that we know increase the risk for false confession.
-
And I know many people are going to struggle with that term,
-
"false confession,"
-
and with believing that false confessions actually occur.
-
And I get that.
-
It's very shocking and counterintuitive:
-
Why would someone confess and even give gruesome details
-
about a horrifying crime like rape or murder
-
if they hadn't actually done it?
-
It makes no sense.
-
And the fact is, we can never know precisely
-
how often false confessions occur.
-
But what we do know is that false confessions or admissions were present
-
in approximately 25 percent of wrongful convictions
-
of people later exonerated by DNA evidence.
-
Turns out, they were innocent.
-
These cases are crystal clear because we have the DNA.
-
So they didn't do the crime,
-
and yet one-quarter of them confessed to it anyway.
-
And at this point, from countless research studies,
-
we have a pretty good sense of why people falsely confess,
-
and why some people,
-
like Brendan Dassey,
-
are at greater risk for doing so.
-
We know that youth are especially vulnerable to providing false confessions.
-
In one study of exonerations, for example,
-
only eight percent of adults had falsely confessed,
-
but 42 percent of juveniles had done so.
-
Of course, if we're just looking at wrongful convictions and exonerations,
-
we're only getting part of the story.
-
Left out, for instance, are the many cases that are resolved by guilty pleas,
-
not trials.
-
From TV and news headlines,
-
you may think that trials are the norm in our legal system,
-
but the reality is that 97 percent of legal cases in the US
-
are resolved by pleas, not trials.
-
Ninety-seven percent.
-
Also left out will be confessions to more minor types of crimes
-
that don't typically involve DNA evidence
-
and aren't usually reviewed or appealed following a conviction.
-
So for this reason,
-
many refer to the false confessions we actually do know about
-
as the tip of a much larger iceberg.
-
In our research, we found alarming rates of false confession among teenagers.
-
We interviewed almost 200 incarcerated 14-to-17-year-olds,
-
and 17 percent of them reported
-
that they'd made at least one false confession to police.
-
What's also shocking to most is that,
-
in interrogations in the US,
-
police are allowed to interrogate juveniles just like adults.
-
So they can lie to them --
-
blatant lies like, "We have your fingerprints,
-
we have your DNA;
-
your friend is down the hall saying that this was all your idea."
-
Lying to suspects is banned in the UK, for example,
-
but legal here in the US,
-
even with intellectually impaired teens like Brendan Dassey.
-
In our research, most of the incarcerated teens that we interviewed
-
reported experiencing high-pressure police interrogations
-
without lawyers or parents present.
-
More than 80 percent described having been threatened by the police,
-
including with the possibility of being raped or killed in jail
-
or being tried as an adult.
-
These maximization strategies are designed
-
to make suspects feel like denials are pointless
-
and confession is the only option.
-
So you may have heard of playing the role of "good cop/bad cop," right?
-
Well, this is bad cop.
-
Juveniles are more suggestible and susceptible to social influence,
-
like the intense pressure accusations and suggestions
-
coming from authority figures in interrogations.
-
More than 70 percent of the teens in our study said
-
that the police had tried to "befriend" them
-
or indicate a desire to help them out during the interrogation.
-
These are referred to as "minimization strategies,"
-
and they're designed to convey sympathy and understanding to the suspect,
-
and they imply that a confession will result in more lenient treatment.
-
So in the classic good-cop-bad-cop oversimplification
-
of police interrogations,
-
this is "good cop."
-
(Video) P1: Honesty here, Brendan, is the thing that's going to help you, OK?
-
No matter what you did,
-
we can work through that, OK?
-
We can't make any promises,
-
but we'll stand behind you no matter what you did, OK?
-
LM: "No matter what you did, we can work through that."
-
Hints of leniency like you just saw with Brendan
-
are especially powerful among adolescents,
-
in part because they evaluate reward and risk differently than adults do.
-
Confessing brings an immediate reward to the suspect, right?
-
Now the stressful, unpleasant interrogation is over.
-
So confessing may seem like the best option to most teens,
-
who are less focused on that long-term risk of conviction and punishment
-
down the road
-
as a result of that confession.
-
I think we can all agree that thoughtful, long-term planning
-
is not a strength of most teenagers that we know.
-
And by and large, the legal system seems to get
-
that young victims and witnesses should be treated differently than adults.
-
But when it comes to young suspects, it's like the kid gloves come off.
-
And treating juveniles as though they're adults in interrogations
-
is a problem,
-
because literally hundreds
-
of psychological and neuroscientific studies
-
tell us that juveniles do not think like adults,
-
they do not behave like adults,
-
and they're not built like adults.
-
Adolescent brains are different from adult brains --
-
even anatomically.
-
So there are important changes happening
-
in the structure and function of the brain during adolescence,
-
especially in the prefrontal cortex and the limbic system,
-
and these are areas that are crucial for things like self-control,
-
decision-making,
-
emotion processing and regulation
-
and sensitivity to reward and risk,
-
all of which can affect how you function in a stressful circumstance,
-
like a police interrogation.
-
We need to educate law enforcement,
-
attorneys, judges and jurors
-
on juveniles' developmental limitations
-
and how they can play out in a high-stakes interrogation.
-
In one national survey of police officers,
-
75 percent of them actually requested specialized training
-
in how to talk to children and adolescents --
-
most of them had had none.
-
We also need to consider having special protections in place for juveniles.
-
In his 91-page decision to overturn Dassey's conviction earlier this year,
-
the judge made a big deal about the fact that Dassey had no parent
-
or other allied adult
-
in the interrogation room with him.
-
So here's a clip of Brendan talking to his mom after he confessed,
-
when it was obviously far too late for him.
-
(Video) Mom: What do you mean?
-
Brendan: Like, if his story is, like, different,
-
like I never did nothing or something.
-
M: Did you?
-
Huh?
-
B: Not really.
-
M: What do you mean, "Not really"?
-
B: They got into my head.
-
LM: So he sums it up pretty beautifully there:
-
"They got into my head."
-
We don't know if the outcome would have been different for Brendan
-
if his mom had been in the interrogation room with him.
-
But it's certainly possible.
-
In our research, only seven percent of incarcerated teens,
-
most of whom had had numerous encounters with police,
-
had ever had a parent or attorney in the room with them
-
when they were questioned as a suspect.
-
Few had ever asked for a parent or attorney to be present.
-
And you see this in lower-stake situations, too.
-
We did a mock interrogation experiment in our lab here at FIU --
-
with parent permission for all minors, of course,
-
and all the appropriate ethical approvals.
-
We falsely accused teens and adults of cheating on a study task --
-
an academic dishonesty offense --
-
that we told them was as serious as cheating in a class.
-
In reality, participants had witnessed a peer cheat,
-
someone who was actually part of our research team
-
and was allegedly on academic probation.
-
And we gave everyone a tough choice:
-
you can lose your extra credit for participating in the study
-
or accuse your peer,
-
who will probably be expelled because of his academic probation status.
-
Of course, in reality, none of these consequences would have panned out,
-
and we fully debriefed all of the participants afterward.
-
But most teenagers -- 59 percent of them --
-
signed the confession statement,
-
falsely taking responsibility for the cheating.
-
Only three teens out of 74,
-
or about four percent of them,
-
asked to talk to a parent when we accused them of cheating,
-
despite the fact that for most of them,
-
their parent was literally sitting in the next room during the study.
-
Of course, cheating is far from murder,
-
and I know that.
-
But it's interesting that so many teens, significantly more teens than adults,
-
signed the confession saying that they cheated.