Law School

Criminal defenses: False confession (Part 2): Concerns about videotaping


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Concerns about videotaping.

Camera perspective bias.

Psychological research suggests that evaluations of videotaped confessions can be affected by the camera perspective used at the initial recording. Extensive empirical data has been collected in this area by manipulating the position of the camera: to a suspect-focus (looking at the front of the suspect from waist up and the back of the detective's head and shoulders), detective-focus (looking at the front of the detective and the back of the suspect), and equal-focus (where the profiles of both the detective and the suspect were equally visible) perspective. The research indicates that the camera perspective influences assessments of voluntariness, the level of coercion on the part of the detective, and even the dichotomy of guilt.

Changes in camera perspective lead to changes in the visual content available to the observer. Using eye-tracking as a measure and monitor of visual attention, researchers deduced that visual attention mediates the camera perspective bias. That is, the correlation between camera perspective and the resulting bias is caused by the viewer's visual attention, which is decided by the focus of the camera.

In the United States and in many other countries, interrogations are typically recorded with the camera positioned behind the interrogator and focused directly on the suspect. These suspect-focus videotapes lead to the perception that the subject is participating voluntarily, when compared to both audiotapes and transcripts, which are assumed to be bias-free. In other words, the manner in which videotaping is implemented holds the potential for bias. This bias can be avoided by using an equal-focus perspective. This finding has been replicated numerous times, reflecting the growing uses of videotaped confessions in trial proceedings.

Racial salience bias.

Psychological research has explored camera perspective bias with African American and Chinese American suspects. African Americans are victims to strong stereotypes linking them with criminal behavior, but these stereotypes are not prevalent towards Chinese Americans, making the two ethnicities ideal for comparison. Participants were randomly assigned to view mock police interrogations developed using a male Caucasian detective questioning a Caucasian, Chinese American, or African American male suspect regarding his whereabouts at a given time and date. All interrogations were taped in an equal-focus perspective. Voluntary judgments varied as a function of the race of the suspect. More participants viewing the Chinese American suspect and the African American suspect versions of the interrogation judged the suspect's statements to be voluntary than did those viewing the Caucasian suspect version. Both the African American suspect and the Chinese American suspect were judged to have a higher likelihood of guilt than the Caucasian suspect. Racial salience bias in videotaped interrogations is a genuine phenomenon that has been proven through empirical data.

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