Police interrogations are a common practice used to extract key evidence from individuals during a criminal investigation. Unlike a police interview, in an interrogation, individuals are subject to accusatory questioning designed to exploit their weaknesses and ultimately, elicit a confession.
Individuals who find themselves in this inherently tense environment are typically subject to high-pressure interrogation techniques which further compound their stress levels and can lead to misunderstandings and misstatements.
To navigate these precarious waters safely, it is essential to have an attorney present who can advise you of your rights and ensure you do not succumb to interrogation methods which could result in self-incrimination. In this article, we will further explore some of the ways a skilled attorney can ensure your rights and freedoms are upheld during a police interrogation.
Common Interrogation Tactics
Law enforcement agencies such as the police are adept at employing various interrogation techniques during an investigation. Confessions must be made voluntarily to be admissible evidence of an individual’s guilt. This means coercion, threats, fear or other intimidatory tactics used during an interrogation will likely render the confession inadmissible in court.
However, the psychological aspect of an interrogation plays a significant role and is intended to increase the individual’s stress, anxiety, and fear, making them more susceptible to making false statements or admissions of guilt. Without a skilled criminal justice lawyer by their side, a suspect can easily fall victim to these tactics. Common interrogation techniques used by the police include:
- Leading questions: These questions are designed to elicit a particular answer from the suspect, which suits the narrative of the questioner.
- Lying: Police might lie about an accomplice’s arrest, DNA results, or other evidence to obtain a confession.
- The Reid technique: This technique uses a confrontational style of questioning to try to intimidate suspects and may also exaggerate the seriousness of the offense. This is followed by understanding or empathy in an attempt to convince the suspect that a confession is the best option for them.
The Role of an Attorney
An attorney can assist their client during a police interrogation in the following ways:
- Protection from false confessions: The Fifth Amendment of the U.S. Constitution states that no person “shall be compelled in any criminal case to be a witness against himself” thereby giving them the right to refuse to answer any questions that could incriminate them. An attorney can advise their client when it is in their best interest to exercise this right and when it is not.
- Interpreting legal jargon: Legalese is notoriously complex and difficult for non-lawyers to understand. As legal jargon may be employed during an investigation, an attorney will understand the meaning and implications of such language enabling them to guide their client accordingly.
- Unintentionally waiving rights: A client will not unintentionally waive rights such as their Miranda rights with an attorney present.
- Less pressure: Police interrogations are designed to be intimidating experiences where psychological pressure is applied to gain confessions. A lawyer can ensure this pressure does not lead to misstatements or self-incrimination and ensure correct procedures are followed throughout.
As outlined, legal representation is an invaluable and necessary aid for individuals who find themselves being interrogated by the police.
