The Impact of Confessions on Prosecutorial Misconduct

• In Event: Miscarriages of Justice: Prosecutorial Misconduct

Abstract

Prosecutorial misconduct is a leading factor in wrongful convictions. One form that prosecutorial misconduct takes is not turning over exculpatory Brady material to the defense as legally required. The present study addressed whether the presence of a defendant confession impacts participants’ (playing the role of prosecutors) willingness to turn over discovery information. Consistent with past research on the impact of confession evidence on the forensic confirmation bias (see Kassin, Dror, & Kukucha, 2013), we expected the presence of a confession to lead to increases in prosecutorial misconduct. In addition, pro-defense/prosecution attitudes are measured and it is expected that participants with pro-prosecution attitudes will be the most likely to engage in misconduct. University and law school students came to the laboratory and reviewed a criminal case of robbery-murder, including a series of police interviews with witnesses and the defendant. Half of the participants received information that the defendant confessed. They were then instructed to choose interview answers (some which are exculpatory) to turn over to the judge and the defense, if any. Implications for wrongful convictions will be discussed.

Authors

• Alyssa Clark, NYS Office of Indigent Legal Services

• Allison Redlich, George Mason University