The system seems broke. [+ all about why people make false confessions.]

Hit & Run ; Wrongful Conviction? Norfolk n' Way - Reason Magazine:

"More than two-dozen retired FBI agents are asking Virginia Gov. Tim Kaine to pardon and release the “Norfolk four,” four Navy sailors convicted of a 1997 rape and murder.

The evidence of the sailors’ innocence is pretty overwhelming. It includes the confession of a man who had ties to the victim, had a history of sexual abuse against women, and who was a match to DNA from the crime scene. None of the four sailors’ DNA matched that taken from the crime scene, nor did any other physical evidence.

So why were they convicted? False confessions. Prosecutors initially planned to try seven sailors, but ended up trying only four when the other three wouldn’t confess. One of the convicted served his sentence and has been released. The other three are serving life sentences. The cops apparently pulled a confession out of one sailor, then used that false confession and the threat of the death penalty to get false, conflicting confessions from three others.

People still seem to have a hard time believing that false confessions happen. If the cops in this case could elicit four of them from four enlisted Navy men, it shouldn’t be hard to imagine how they could get one from, say, a 13-year-old kid, or someone with a mental disability. The case is also another argument for videotaping police interrogations."

The Innocence Project - Understand the Causes: False Confessions:

"False Confessions

In about 25% of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty.

These cases show that confessions are not always prompted by internal knowledge or actual guilt, but are sometimes motivated by external influences.

Why do innocent people confess?

A variety of factors can contribute to a false confession during a police interrogation. Many cases have included a combination of several of these causes. They include:

* duress
* coercion
* intoxication
* diminished capacity
* mental impairment
* ignorance of the law
* fear of violence
* the actual infliction of harm
* the threat of a harsh sentence
* Misunderstanding the situation

Some false confessions can be explained by the mental state of the confessor.

* Confessions obtained from juveniles are often unreliable – children can be easy to manipulate and are not always fully aware of their situation. Children and adults both are often convinced that that they can "go home" as soon as they admit guilt.
* People with mental disabilities have often falsely confessed because they are tempted to accommodate and agree with authority figures. Further, many law enforcement interrogators are not given any special training on questioning suspects with mental disabilities. An impaired mental state due to mental illness, drugs or alcohol may also elicit false admissions of guilt.
* Mentally capable adults also give false confessions due to a variety of factors like the length of interrogation, exhaustion or a belief that they can be released after confessing and prove their innocence later.

Regardless of the age, capacity or state of the confessor, what they often have in common is a decision – at some point during the interrogation process – that confessing will be more beneficial to them than continuing to maintain their innocence.

From threats to torture

Sometimes law enforcement use harsh interrogation tactics with uncooperative suspects. But some police officers, convinced of a suspect's guilt, occasionally use tactics so persuasive that an innocent person feels compelled to confess. Some suspects have confessed to avoid physical harm or discomfort. Others are told they will be convicted with or without a confession, and that their sentence will be more lenient if they confess. Some are told a confession is the only way to avoid the death penalty.

Recording of interrogations

The Innocence Project has recommended specific changes in the practice of suspect interrogations in the U.S., including the mandatory electronic recording of interrogations, which has been shown to decrease the number of false confessions and increase the reliability of confessions as evidence. Read more about recommended policy reforms to prevent false confessions."