Police interrogations employ various techniques to extract information from suspects. These techniques range from rapport-building strategies to psychological pressure tactics, all designed to elicit confessions or uncover crucial details about a crime. While some methods are effective and ethical, others have been criticized for their potential to lead to false confessions. Below, we explore some of the most widely used police interrogation techniques.
- Mr. Big Technique
Predominantly used in Canada, this technique involves creating a fake criminal organization to lure the suspect into joining. Undercover officers build trust with the suspect and gradually involve them in minor criminal activities. Eventually, the suspect meets “Mr. Big,” a fabricated crime boss who pressures them into confessing under the guise of helping them evade legal trouble. The confession is then used as evidence in court. Critics argue that this method can lead to false confessions due to coercion or the suspect’s desire for financial security.
- Good Cop/Bad Cop
This classic psychological strategy, also known as the Mutt and Jeff technique, involves two officers adopting opposing roles. One officer is aggressive and accusatory (bad cop), while the other appears understanding and sympathetic (good cop). The suspect, feeling threatened by the bad cop, may turn to the good cop as a perceived ally, making them more likely to cooperate. While widely recognized, this method can sometimes backfire if the suspect becomes aware of the manipulation.
- The Reid Technique
This controversial approach consists of three phases:
- Fact Analysis: Investigators review evidence to determine possible suspect involvement.
- Behavioral Analysis Interview: The suspect is questioned about the crime, and their body language is analyzed for signs of deception.
- Nine-Step Interrogation: If deception is suspected, investigators use tactics such as minimizing guilt, discouraging denials, and presenting alternative scenarios that subtly coerce the suspect into confessing.
While the Reid Technique has been widely used, critics argue that its accusatory nature can pressure innocent individuals into false confessions.
- Minimization and Maximization
- Minimization: Investigators downplay the severity of the crime, suggesting that the suspect’s actions were understandable or justifiable, making them more likely to confess.
- Maximization: Investigators exaggerate the crime’s seriousness and potential consequences to intimidate the suspect into admitting guilt.
Both techniques are forms of psychological manipulation that can significantly impact a suspect’s decision-making process.
- Informal Questioning & Change of Scenery
To bypass the legal requirement to read Miranda rights, officers may engage suspects in casual conversations, hoping they let down their guard and reveal key details. Similarly, interrogating suspects in a non-threatening environment can make them feel more comfortable and open to speaking freely.
- The Pause Technique
This technique relies on silence as a psychological tool. After the suspect answers a question, the investigator remains quiet while maintaining eye contact. The uncomfortable silence compels the suspect to keep talking, often leading to unintentional disclosures.
- PEACE Technique
This method is a more ethical alternative to traditional interrogation techniques, focusing on gathering information rather than coercing confessions. The five stages are:
- Planning and Preparation: Gathering background information before the interview.
- Engage and Explain: Building rapport with the suspect and outlining the interview process.
- Account, Clarification, and Challenge: Allowing the suspect to give their version of events before gently challenging inconsistencies.
- Closure: Summarizing key points and ensuring understanding.
- Evaluation: Reviewing the interview’s effectiveness and identifying areas for improvement.
The PEACE method reduces the risk of false confessions and is commonly used in the UK and other jurisdictions focused on ethical policing.
- Rapid Fire Questioning
Investigators ask a series of quick, back-to-back questions to confuse the suspect, making them contradict themselves or slip up, revealing inconsistencies in their story.
- Pride and Ego Down
This technique involves attacking the suspect’s self-worth, making them feel incompetent or dishonorable. The goal is to provoke the suspect into proving themselves by providing information or confessing.
- Repetition
Investigators ask the same questions repeatedly or restate the suspect’s answers in different ways. This tactic is designed to bore or frustrate the suspect into revealing more details or becoming inconsistent.
- Loaded Questions
These questions assume certain facts to be true, leading the suspect into a response that supports the investigator’s theory. When used on exhausted suspects, this technique can result in unintentional admissions.
- Establishing Identity
Officers falsely claim that authorities have identified the suspect as a dangerous criminal facing severe charges. This deception is meant to provoke the suspect into providing a counter-narrative that contains truthful elements.
- Perpetual Denials
The suspect is repeatedly denied the chance to assert their innocence, making them feel overwhelmed and more likely to confess just to end the interrogation.
Administration of Criminal Justice Act (ACJA) Nigeria
The interrogation techniques discussed above can be analyzed in relation to Nigeria’s Administration of Criminal Justice Act (ACJA) 2015 and state-level Administration of Criminal Justice Laws (ACJL), which regulate criminal procedures, including suspect interrogation. Here’s how they relate:
- Protection Against Coerced Confessions (Section 29 of the Evidence Act 2011 & ACJA 2015)
- Techniques like the Reid Technique, Mr. Big, Maximization, Perpetual Denials, and Rapid Fire Questioning can pressure suspects into false confessions.
- Section 29 of the Evidence Act 2011 states that confessions must be voluntary, or they will be inadmissible in court.
- ACJA 2015 Section 15(4) mandates that confessions must be recorded on video or in writing in the presence of a legal practitioner to prevent coercion.
- Right to Legal Representation (ACJA Section 6 & Constitution of Nigeria, Section 36(6)(c))
- Techniques like Good Cop/Bad Cop and Informal Questioning may be used to extract confessions before the suspect requests a lawyer.
- ACJA 2015 Section 6(2) requires that suspects be informed of their right to legal representation and provided with access to a lawyer before interrogation.
- The Nigerian Constitution (Section 36(6)(c)) also guarantees this right.
- Ethical Interrogation and Prevention of Torture (Anti-Torture Act 2017 & ACJA Section 8(1))
- Techniques involving psychological manipulation, such as Pride and Ego Down, Loaded Questions, and Repetition, may lead to mental distress or forced confessions.
- The Anti-Torture Act 2017 prohibits the use of mental or psychological pressure, including intimidation and prolonged interrogations.
- ACJA Section 8(1) states that suspects must not be subjected to any form of torture, inhumane treatment, or degrading treatment.
- Ethical and Non-Coercive Interrogations (Alignment with the PEACE Model)
- The PEACE Model, which prioritizes voluntary disclosures over forced confessions, aligns with the ACJA’s principles of fairness and justice.
- Nigerian courts are increasingly discouraging coercive tactics and emphasizing suspect rights.
- Improper Interrogation and Exclusion of Evidence (Evidence Act 2011 & ACJA Section 14)
- If a confession is obtained through illegal techniques such as Mr. Big, Maximization, or Perpetual Denials, it may be deemed inadmissible.
- ACJA Section 14 provides for the exclusion of evidence obtained through oppression or deceit.
- Section 29(2) of the Evidence Act 2011 states that if a confession is made under undue influence, oppression, or torture, it must be disregarded.
Conclusion
Police interrogation techniques vary in their effectiveness and ethical implications. While some methods, such as the PEACE technique, focus on open dialogue and fairness, others, like the Reid technique and Mr. Big, rely on psychological pressure and deception. The controversy surrounding coercive interrogation methods stems from their potential to lead to false confessions, highlighting the need for ongoing reform and oversight in law enforcement practices.
While some police interrogation techniques are designed to extract truthful statements, Nigerian law prioritizes fairness, voluntariness, and suspect rights. The ACJA, the Constitution, and the Evidence Act collectively ensure that coerced confessions are inadmissible, and law enforcement agencies are encouraged to adopt ethical interrogation methods like the PEACE Model to ensure justice.