info

called into question
Deceptive police interrogation tactics result in false confessions

In 1936, the U.S. Supreme Court outlawed the use of physical force during police interrogations. Since then, interrogators have focused primarily on psychological tactics, including intentional deceptions, role-playing exercises and a variety of other subtle mind games. Psychological tactics can be as coercive as physical tactics and can induce false confessions, a factor that shows up in at least 15 percent of wrongful convictions.

According to social psychologist Richard A. Leo, psychological pressure can cause a suspect to “temporarily doubt the reliability of his memory, to believe that he probably did, or logically must have, committed the crime under question, and to confess to it despite having no memory or knowledge of… the offense.” As a result of a role-playing exercise, Gary Gauger was briefly convinced that he had killed his parents. This hypothetical exercise, in which Gauger was asked to describe how he would have murdered his parents, was then used against him at trial.

In Palo Alto, California, police falsely claimed to have a videotape of Jorge Hernandez entering a ninety-year-old woman’s apartment just before she was beaten and raped. Hernandez then falsely confessed and was later exonerated by DNA. It remains legal for police to lie and employ trickery during interrogations.

Most psychological interrogation tactics used today by U.S. and Canadian police forces trace back to Criminal Interrogation and Confessions, a seminal police training manual co-authored by Northwestern University Professor Fred Inbau and former police officer John Reid, first published in 1962. In detailing the appropriate steps to an effective interrogation, the book, often called The Reid Manual, outlines psychological tricks to play on the suspect, and specifies when deception is appropriate. Its value as a method of extracting reliable information has been called into question by numerous false confession cases.

In Alberta, Canada, after interrogation tactics from the Reid model induced false confessions from three young men accused of raping and murdering a fourteen-year-old girl, a judge described the Reid technique as a “huge psychological brainwashing exercise.”

Concerns about deceptive and coercive police interrogations have prompted some municipalities to begin videotaping interrogations—not just confessions, as many do. The Reid model, however, remains the standard method for interrogating suspects.

Surviving Justice Sample Chapter:
My Life is a Broken Puzzle


NAME: Christopher Ochoa • BORN: 1966 • HOMETOWN: El Paso, Texas
CONVICTED OF: Murder and sexual assault • SENTENCE: Life
SERVED: 12 years • RELEASED: 2001


A gun to your head

Let’s say you sit at a bus stop, and an hour earlier somebody just robbed a bank and left a big bag of money there. A bad guy. It’s under the bench at the bus stop. Somebody else found it—it’s gone.

He goes back to get his money. He says, “Where’s my money?”

What is he talking about? You don’t know.

He’s got a gun, and he puts it to your head, but what you don’t know is that this gun has no bullets.

“Tell me where the money is or you’re dead.”

You tell him, “No, no, no, no. I don’t know.”

You’re just like shaking, because you don’t know. If you knew, you would tell him, because you don’t want to die. “I don’t know. I don’t know,” you’re thinking, “I don’t want to die; I got to think of something.”

“Where is it at? Where is it at?”

And then you’re like, “Okay, somebody took it from here. I saw somebody running away from here. He went that way.” Knowing darn well you didn’t ever see anything.

Then the guy pulls away his gun and for some reason you see that it doesn’t have any bullets, and you feel like such an idiot. But you didn’t know. And that’s how I felt. [They were] saying I was going to die.

In late 1988, during a two-day interrogation, Christopher Ochoa was persuaded by police to confess to a rape and murder he did not commit. Threatened with a death sentence, Ochoa also implicated his co-worker Richard Danziger in the crime.

If there’s anybody you can trust, it’s a cop

I grew up in El Paso, Texas. From what I remember, I was always a good kid. One time, when I was a kid, a cop scared us. A mean neighbor, she said that we cussed her out and she called the cops. We’re like ten years old at that time. The cop came into our house illegally. He had no probable cause; he just went in and scares the living daylights out of us. “You know I can take you to jail for this?” he said.

And then I called my uncle, and my uncle got on the cop: “What the hell are you doing scaring little kids? Isn’t your job to try to be friends with them?” And the cop really didn’t know what to say. That was the only run-in that I had. I trusted them. You’re a kid, the cops give you candy.

I was a patrol boy in high school. They gave me a coupon, a little certificate: “We’re here to protect you, just call us.” If there’s anybody you can trust, it’s a cop. And I did, and there it happens.

When I went to high school, I was playing sports, I was studying. For some reason I became a C-student, and then I went back to being an honor student. I was the assistant editor of a literary magazine. I took some law class; we did a mock trial. I was the prosecutor and I won the case. And it felt good. Maybe I could do this law thing. Either a lawyer or a major-league baseball player. That’s really what I wanted to do. But things happened.

My future was bright

When I graduated high school, I didn’t go to college right away, ’cause we had a teacher that said that sometimes when you go to college right after high school, you don’t do as well as you would normally. So she advised, “You can go to college, or you can take a year off or two.” And I did.

I was optimistic. My future was bright. Really bright. I was a typical twenty-, twenty-one-year-old, having fun, going to rock concerts. Drinking. Working. Primarily working. I used to go to Dallas for big rock festivals—Aerosmith, Van Halen, Boston, all these older bands. I worked at an amusement park during the summer. I was a ride operator at the amusement park, and then I moved on to Pizza Hut in El Paso. After a couple of years in El Paso, I went to Austin, where I worked at different jobs until I settled at Pizza Hut.

I had worked [at Pizza Hut] with Richard Danziger. We were both cooks, and he left, he quit. And then he came back maybe a couple months later. He came back looking for a job. I was an assistant manager at Pizza Hut by then, and he was a good worker. He really worked hard so I gave him a job.

I saw him living at the YMCA. I think he told me he had been convicted of something or other, or he was on probation, and so I said, “You can stay with us until you get on your feet. You just have to pay rent.” I was living with another roommate, Roger Lewis, before I even met Danziger. I was living with him for a while, then my brother came to Austin.

I had a manager, a boss. I think she and Richard started seeing each other, and he would spend most of the time at her house. So it was like I had a roommate, but I didn’t. I was not that tight with Richard. The media portrays us to be really tight, which we weren’t. He was a cool person. He was a little bit, I don’t know, he was really open, I think, whereas I was not. But other than that, he was just a cool guy. He wanted to be a psychologist. So maybe that was why he was so interested in behavior and stuff.

But I didn’t go out with him and have dinner with him, no. I went out with my roommate, Roger, or my brother, Ralph. And I had other friends that I would hang out with. I guess they were more down to earth, more normal. So it’s not like we had this relationship. I just know he was a hard worker and he was a really nice guy. It’s kind of impossible for me to sit here and tell you how he really was.

I got the bug to go back to school, so I went to look into the Austin Community College. I was going to go in the spring of ’89. That was my plan.


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