NCJ Number
162685
Journal
Science and Justice Volume: 35 Issue: 2 Dated: (April-June 1995) Pages: 133-139
Date Published
1995
Length
7 pages
Annotation
Two case examples are used to illustrate the relationship between coerced confessions, polygraphy, and culture and to support the conclusion that the ethics of the judicial process should receive greater attention.
Abstract
In a case of a coerced-compliant false confession, an orthodontic technician of Mexican heritage was accused of sexually molesting an adolescent patient. After being made to swear an oath to Our Lady of Guadalupe, a pivotal religious figure of central Mexico, and failing two polygraphs, the defendant confessed to the charge. The court held the confession to be voluntary and therefore admissible. However, the jury exonerated the defendant, finding the confession to have been coerced-compliant. In another case, a 27-year-old sergeant who had a history of alcohol abuse was charged with the murder of another member of the military who had fallen from a cliff while stationed in England. The local British police were satisfied that the death was accidental. The Office of Special Investigation required polygraphs; the sergeant failed four. The examining psychologist testified at a military hearing that the sergeant was guilt-ridden over his friend's death. The judge at the pretrial hearing found the confession to be involuntary and dismissed the case. Both cases raise the issue of professional ethics and indicate that cultural influences may increase the vulnerability of suspects to coerced confessions. The processes involved in interrogation and confession and the psychological effects of polygraphy should receive further study. 22 references