By Andrew Eichen

Sanctioned by the courts and taught in police manuals, deceptive tactics are employed by virtually every police department across the country. Officers seeking to elicit a confession will routinely lie to suspects about the evidence and make statements that imply leniency. While effective at times, deception is ethically dubious and can result in severe consequences for suspects. The United States is an outlier in allowing police to deceive suspects, as the practice is prohibited or highly restricted in most peer nations, including England, France, Germany, and Japan. First, deceptive interrogation tactics frequently induce false confessions, which are a leading cause of wrongful convictions in the United States. Further, the acceptability of lying to suspects during interrogations seems to encourage deception in other, more troubling contexts. Research shows that testimonial lies, such as perjury in court and falsifying police reports, are commonly employed by officers to secure convictions and circumvent constitutional protections. While such practices remain illegal, testimonial lies are rarely identified or punished. As a result, the justifications and skills cultivated through deceiving suspects in interrogations naturally bleed over into other police work. Ultimately, the pervasiveness of police deception undermines the integrity and legitimacy of the criminal justice system. It leads to wrongful convictions, weakens civil liberties, and erodes public trust in law enforcement. While there are difficult trade-offs in regulating police deception, its negative consequences require policy responses. Contrary to contentions that deceit is a necessary tool of law enforcement, experiences in other nations suggest that restricting police deception does not hamper criminal investigations. Policymakers should consider measures to curtail police deception, such as requiring that interrogations be recorded, banning or limiting certain deceptive tactics, and increasing judicial scrutiny of interrogation practices

Cato Policy Analysis, no. 979, Washington, DC: Cato Institute, 2024. 32p.

By Willem Albert Wagenaar and Hans Crombag.

In this compelling title, two distinguished scholars share their experiences as expert witnesses in cases ranging from eyewitness testimony, person identification and recovered memories, to false confessions, collaborative storytelling and causal attribution, in the context of various interrogation techniques and their ability to deliver reliable results. Each chapter describes in lucid, entertaining prose a representative case in the context of scholarly literature to date, showing how psychological expertise has been (and can be) used in a legal setting. The cases include petty and serious crime, from illegal gambling, infringed trademarks and risqué courtship behaviour, to honour killing and death on the climbing wall. The authors' findings and recommendations apply to legal systems worldwide. There is no other English-language textbook covering a similarly wide range of offences, and this volume will fill a gap in the existing literature and demonstrate how psychological expertise can be used in a much larger area than is often realised.

Amsterdam: Amsterdam University Press, 2005. 288p.