Court Upholds Confession from Interrogator Using The Reid Technique ñ Jury Rejects Dr. Ofshe Testimony
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Reid
Oct 16, 2007
In the case of State v. Tapke the Court of Appeals of Ohio upheld the defendant's confession which was obtained by an officer who was trained in The Reid Technique. Dr. Richard Ofshe testified about false confessions and attempted to describe The Reid Technique. The jury subsequently rejected his testimony and "chose not to discredit it [the confession]."
It is interesting to note that in his testimony Dr. Ofshe testified that as part of The Reid Technique interrogators are taught the following:
"So what police have learned to do is to communicate the message through a series of suggestions * * * the idea being to communicate the understanding that there's a deal on the table, but without ever explicitly saying here's the deal." He used the example of a person accused of GSI. He testified that the police would say something like this to a suspect: "[Y]ou're not a sexual predator; you're someone who needs treatment. What would you rather do, go to prison as a sex offender, or get some therapy in treatment."
It is interesting to note that the exact opposite is the case - we teach not to make any statements that refer to punishment, threats or promises of leniency (see Criminal Interrogation and Confessions, 4th ed., 2001), and in our training seminars we highlight the case, Com. v. DiGiambattista, 813 N.E.2d 516 (2004), in which the Massachusetts Supreme Court indicated that "what seemed to disturb the Court the most was the apparent reference to counseling which they felt "implicitly suggested to him that "counseling" would be an appropriate avenue for him to pursue after making a confession." In other words, if he confessed he would get counseling instead of jail." This is exactly what we teach not to do
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It is interesting to note that in his testimony Dr. Ofshe testified that as part of The Reid Technique interrogators are taught the following:
"So what police have learned to do is to communicate the message through a series of suggestions * * * the idea being to communicate the understanding that there's a deal on the table, but without ever explicitly saying here's the deal." He used the example of a person accused of GSI. He testified that the police would say something like this to a suspect: "[Y]ou're not a sexual predator; you're someone who needs treatment. What would you rather do, go to prison as a sex offender, or get some therapy in treatment."
It is interesting to note that the exact opposite is the case - we teach not to make any statements that refer to punishment, threats or promises of leniency (see Criminal Interrogation and Confessions, 4th ed., 2001), and in our training seminars we highlight the case, Com. v. DiGiambattista, 813 N.E.2d 516 (2004), in which the Massachusetts Supreme Court indicated that "what seemed to disturb the Court the most was the apparent reference to counseling which they felt "implicitly suggested to him that "counseling" would be an appropriate avenue for him to pursue after making a confession." In other words, if he confessed he would get counseling instead of jail." This is exactly what we teach not to do