How do the police get suspects to talk to them?

I don’t do criminal law, but I do remember my criminal law classes, and my professor said, as others here have said, that criminals are so dumb it is almost not fathomable to normal people how dumb they can be. My few encounters with former criminals show this to be true: the ones that appear smart have managed to learn to shut up so people cannot tell how stupid they are.

I have found in civil litigation that when conducting a deposition of an opposing party or witness affiliated with the opposing party that what gets them to talk truthfully are a combination of several things: 1) convince them that you are thoroughly prepared and do a Colombo when you can’t be; 2) Remind them that this is under oath and it is a felony to lie, even when it is to their economic disadvantage; 3) Give them your full attention when they are speaking and treat them with civility and respect; 4) Take your time and let them know that you will and must take all the time that is required.

If you treat somebody with respect and really pay attention, they will volunteer things that will make their own lawyers lose their poker faces with frustration. And you know that if they never volunteer anything that they have a lot to hide. Everybody but seasoned testifiers wants to volunteer things.

I’ve taken a lot of depositions where lawyers were the witnesses. I took the deposition of a lawyer that had tried hundreds of cases and taken thousands of depositions himself. He started with short yes and no answers, but with the above method, he opened up, even though he knew better and said so when he was doing it.


The introduction of recordings and tapings led to another phenomena, where you had a confessions which were prima facie valid, but still worng. Especially with first time offenders (of whom murderers are the most common), the stress of the situation and questioning by the police even if not opressive in the classical scence led to false questions.

There was a case in Canada where the police tried to get a couple to admit (separately) to having murdered the man’s wife. At one point they presented a signed confession by the woman to the man; he knew it was phoney and laughed in their face. After the interrogation, he charged them with forgery. It went to the Canadian Supreme Court, who ruled that that sort of behaviour in interrogation was legal.

I recall one case in Canada where they had 3 confessions to a 2-person murder, the police were so effective. This is the downside of police being effective - with enough “social pressure” some people will say whatever you want to hear. At least with most criminals, that does not result in weekly orange and red alerts.

“The force can have a strong influence on the weak-minded…”

The other interesting thing - the police often promise “things will go easier if you confess.” In fact, according to one friend who worked in the courts, the outcome bore very little relation to whether you confessed, pled guilty, or had the full trial - as well it should not. Our justice system should not penalize you for insisting on your rights. What the police mean is things will go easier for them - with a confession, they don’t have to do as much investigative legwork. The police avoid making specific promises because they have no say anyway in the result.

As for the self-justification angle - yes, you see that all the time. Watch one of those stupid shows like Judge Judy. People say stuff like “They broke my phone so I went into their house the next day and stole their TV.” As if one wrong justified the other, or a break-and-enter crime is justified by an accident or deliberate vandalism… For some reason a crime is justified if there was sufficient provocation. As long as people are that ignorant of how the law works, stupidity will be the cops’ best friend.

I am a retired detective, having worked primarily narcotics investigations but also having supervised a homicide squad. Drug cases were easy. You almost always had a tight case before talking to a suspect and they knew it. It was “Lets make a deal” from the gate. The main stumbling block was trying to overcome their fear of retaliation if they talked. I generally didn’t spend much time trying to convince them as there was always another potential informant just around the corner.

Murder cases were a whole different animal. Those are never tight cases, regardless of eye witnesses, video, forensic evidence or whatever. For one, you never know what evidence will get suppressed by some judge. For another, you absolutely never know what a jury will do. Because of that, an admissible confession is critical and investigators will go to great lengths to obtain one. There are many different strategies, most of which have been addressed above.

The bottom line is that you need to convince the suspect that it is in his best interest to talk to you. This could be for spiritual reasons, that it will make him feel better to get it off his chest, that this is the chance to get his side of the story out, that it was justified, that he’ll get less time, etc. Some of these are actually true.

Interrogation is truly an art form. Training includes reading body language (very important) and a great deal of psychology. I admit that I was never a great interviewer. It seems to me that some people are just naturals. Believe me, its not easy convincing some child killer that you understand why he did it and that he’s not such a bad guy.

In my state the entire interview has to be recorded on both audio and video tape. What I view as a good interview many will claim is psychological coercion. Am I coercing or convincing? What’s the difference? And yes, lo and behold, people do consent to searches even though they know drugs are present and people do confess to murders (often without much convincing). Its easy to say “Don’t talk to the police” when you’re not the one sitting in the box. When its your future on the line, its a whole different story.

YAY !!!

Not much to add to what Noel Prosequi and MikeF, in particular, have already said. People talk, even after being Mirandized, in order to get better treatment (even if illusory) from police, to justify or “explain” what they’ve done, to rat out someone else, or because they’re nervous, stupid, or just want to get something off their chest.

Criminals can be astonishingly, incredibly, cringeworthily dumb. You just wouldn’t believe some of the stuff they do. As a young prosecutor I once read a police report about a defendant who’d done something mind-bogglingly stoopid, and mentioned it to an older, wiser prosector. He wearily gestured to the courthouse around us and said, “Look around you. This building is a monument to the proposition that people can be that stupid.”

When Obama was an Illinois state senator, one of the bills he wrote and got passed required police to videotape interrogations and confessions in homicide cases. I’ve never understood why police and prosecutors tend to resist such requirements - far more often than not, videotapes will be very useful to them at trial in showing that the suspect was not browbeaten or abused, and that the confession is truly voluntary.

Damn. Something I can actually provide a good answer on, and it’s already been good-answered into the ground.

I review transcripts of interviews for a living from police departments across the country, and while I won’t get into specifics due to confidentiality reasons, I can at least confirm what everyone says. In general, criminals are both arrogant and dumb and therefore easy to manipulate. You wouldn’t believe how many people go, “I’m fine, I don’t need no lawyer,” and then lie so embarrassingly badly that they’re caught out within 10 minutes.

Right. I’ve noticed on both COPS and First 48 that some states(or cities) seem to require the police to say, “Do you understand the rights that I have read to you? Do you understand how they have been stated?”

Of course, everyone says, “Yes,” and the police move on. Some states require the police to say, “Knowing your rights, do you wish to speak to me at this point in time?”

Again, nearly everyone says, “Yes.”

Thanks. I hate smug posts like that early one. They really have no place here. I half wondered if the poster thought First 48 was fictional, but I don’t think so.

Here’s the same section as it played out on the TV show based on the book, Homicide: Life on the Streets. I think they did a pretty good job of translating it to television.

That book was a fantastic read.

So… I guess “The First 48” is a cop show.

I thought it was about the history of the USA, prior to Alaska and Hawaii. They need to advertise more.

Apparently the show “The Wire” was based on it as well. I haven’t seen it but have been meaning to - everyone keeps telling me it’s great.

Another one chiming in to confirm that most people who are arrested are as thick as pig shit, and don’t know when to keep their mouths shut.

Exactly (and I used to do this for a living). You just give most people a chance to tell their side of the story and they’ll talk. They’ll confess peripherally to committing the crime in their attempts to explain at length why they committed it.

I have a less than honest cousin who managed to use his electronic retail job to steal a truly embarrassing quantity of goods (about £15K) before they inevitably caught up to him.

Forget the police he confessed damn near everything to the store loss prevention guy, cause presumably if he hadn’t have agreed to that interview they might have fired him or something :smack:. I saw the transcript, at one point he described himself as “the brains of the operation”, he signed a statement provided by the store indicating what he took which I’m actually pretty sure was just a list of all the stuff missing from their inventory and included stuff that he hadn’t taken.

The other guy clammed up and ended up getting away scot free, but my cousin is still convinced that this guy ratted him out (after his full confession), why?, because the police said so. He didn’t even try to talk to a lawyer until a week or so later. I’ve never really talked to him about this stuff because I sure as hell don’t want to end up giving him pointers, but damn.

The kicker… my cousin was hoping to join the police force, he actually missed his interview because that was the day he was arrested.

Many (most?) crimes are never going to be committed by smart people to begin with, and you just can’t believe how stupid people can get, even if you happen to be related to them :frowning:

I watch The First 48 quite frequently also and it seems to me that most people do not like actually killing each other. No matter how “hard core gangsta” they are and the guilt just eats them up and they confess because they know what they did was wrong.

Other times they’re just stupid I guess.

Heh. It’s actually about the first 48 hours of murder investigations. They go past that, but they say most murders that will be solved get their major leads in the first 48 hours.

I have noticed that, too. They are there, waiting for the police, and when the police arrive, they crack.

I would think they’d be at home thinking, “If the police come, demand a lawyer immediately.”

There are tons of manuals you can look into.

Generally it seems to run as:

Get the subject disoriented

Make them as dependent, isolated and passive as possible

Manipulate them with a ton of tricks (pretending you have evidence you don’t, good cop/bad cop, offer deals you can’t follow up on in exchange for a confession, offer them an opportunity to justify their acts or get them off their chest, let them lie enough to hang themselves, etc) into giving incriminating evidence.

My understanding is that professional criminals and white collar criminals tend to clam up. it is more the one timers who end up confessing.

Thanks for asking this question.
I learned quite a lot reading the answers.
I even learned something from the snide & uncalled for swipe at your intelligence.

Thanks to everyone else who responded and answered.

A lot of truth to this. Broadly speaking, crimes can be divided into two categories - those committed for profit and everything else. People who commit crimes like murder, rape, assault, arson, vandalism, etc are generally not looking to make a profit. So their crime probably had some personal reason that the average person would find irrational. And more often than not these people want to explain why they did what they did.

But people who commit a crime like robbing liquor stores or selling drugs or embezzling the pension fund may be completely rational. They may have just decided that committing a crime offered an opportunity to obtain money within an acceptable level of risk. And these people, being rational, are going to realize they have nothing to gain by explaining what they did.

Cite? Or is this just based on your own personal experience?