Why would someone confess to a crime they did not commit? It sounds unthinkable, but it happens more often than most people realize. Every day in America, criminal suspects confess to crimes they did not commit, and the consequences can be devastating. When someone has been arrested, the pressure from law enforcement can be overwhelming. Police officers are legally permitted to lie during interrogations. They can claim to have evidence they do not possess. They can tell you a co-defendant gave you up, even when no such confession exists. Unfortunately, these are not rogue tactics by a few bad apples. They are trained techniques that police officers routinely use to break down a suspect’s resistance and force a confession.
Certain populations are more vulnerable to being coerced into a false confession. Young people, people who are tired or frightened, and individuals who are unfamiliar with their rights and the legal process are more susceptible to being forced to confess. Under psychological pressure, even an innocent person can be led to believe that confessing to something they did not do is the best way out.
This is just one reason why working with experienced legal counsel is critical when you have been arrested and accused of a crime. As a criminal defense lawyer, I have seen too many instances where a suspect has been tricked into a false confession. An officer may approach a suspect with a smile and a friendly tone, but make no mistake—their job is to get the suspect to confess, and using tricks, pressure, and manipulation are all part of the playbook. This is why I tell my clients to remain silent and to ask for a lawyer as soon as they are being questioned.
Police officers are trained to gather evidence whenever they are interacting with a potential suspect. In these interactions, police can lawfully lie and pressure a suspect into confessing to having committed a crime. Here are common tactics police use to trick people into false confessions.
Police can lawfully lie and tell you your friends said you committed a crime. This tactic pressures a suspect to try to explain their actions by providing details of what happened. The police now have additional evidence they can use to build a case to try to convict you of a crime.
Police can lawfully claim they have evidence they do not actually possess. They can falsely say they have eyewitness testimony, DNA evidence, fingerprints, or other evidence linking you to the crime, even when no such evidence exists.
A police officer’s job is to gather evidence. They have no power over the prosecutor’s decisions or the legal system’s process. Any reassurances that “things will be easier for you” are just a trick designed to get you to admit to something.
Police officers might try to say the situation will be worse if you refuse to talk. In reality, the only thing that can happen when you refuse to answer their questions is that they will have less evidence to use against you.
Police can lawfully intimidate a suspect by yelling, using aggressive body language, making threats, or using scare tactics. These can be particularly powerful against a suspect who is young, scared, vulnerable, or unfamiliar with their legal rights.
In this strategy, two officers work together to question a suspect. The “bad cop” is more confrontational and uses intimidation tactics to try to elicit a confession. Meanwhile, the “good cop” will be more sympathetic and understanding, offering reassurance, comfort, and even a way out of trouble if you confess. The goal of this strategy is to create a scenario where the suspect sees the “good cop” as an ally and the “bad cop” as a threat, ultimately prompting the suspect to confess.
The best way to avoid being tricked into a false confession is to not say anything. When you are being questioned, you should assert your right to remain silent and ask to speak to an attorney. Legally, the police should stop questioning you at this point. By exercising your right to remain silent, you discourage further questioning and reduce the risk of a false confession.
A confession can only be used as evidence if it was obtained voluntarily. If you believe your confession was obtained involuntarily, your criminal defense lawyer can file a motion seeking to have it excluded from consideration as evidence.
The issue of police tricking a suspect into a false confession is a disturbing one. The tension between police coercion and an actual admission is always present. When a criminal defendant in Michigan has confessed to a crime, the court will hold a “Walker Hearing” to assess the accuracy, validity, and voluntariness of the alleged confession.
The Walker Hearing is an evidentiary proceeding held to assess whether the defendant voluntarily confessed to the crime they were accused of committing. Three elements must be present for a confession to be deemed valid: the defendant’s statements must have been made knowingly, intelligently, and voluntarily. If defense counsel can show that the confession was made involuntarily, the defendant’s statements will be suppressed and the evidence will not be admitted.
During the Walker Hearing, the defendant can testify for the limited purpose of explaining the circumstances in which the alleged confession was obtained. Even if the confession is ultimately admitted into evidence, the defendant still has the option to refuse to testify at the trial, and statements made by the defendant during the Walker Hearing cannot be used as evidence.
Anyone can be tricked into a false confession. If you are being investigated for a crime, the best thing you can do to avoid being tricked into a false confession is to:
Michigan criminal defense attorney Robert Elmen will fight to safeguard your rights and protect you from abusive police tactics.
Elmen Legal is located in Ann Arbor and represents individuals in criminal matters throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.
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