Research On The Causes Of Retracted Confessions And Countermeasures For Investigative Interrogation

Confession retraction is a prominent problem in current criminal justice work,which easily affects the normal investigation of cases and causes a waste of judicial resources.In order to comprehensively understand the phenomenon of retracted confessions and help to investigate authorities formulate reasonable and effective countermeasures,this paper uses literature,empirical analysis,and interdisciplinary research to sort out the literature and data about retracted confessions.On this basis,the causes of retracted confessions are summarized,and corresponding countermeasures for investigative interrogation are proposed on how to deal with retracted confessions in the investigation process.In addition to the conclusion,this paper consists of the following four main parts:The introductory part explains the purpose and significance of studying the problem of retracted confessions,reviews the relevant literature on the study of retracted confessions,and gives a brief description of the research ideas and methods of the thesis.The first chapter is an overview of the problem of retracted confessions.This chapter defines and interprets the concept and classification of retracted confessions,and summarizes the adverse effects of retracted confessions from three aspects.The second chapter is a survey and analysis of the current situation of retracted confessions.Firstly,based on the cases of public judgments on "Judgment Document Network",we analyzed the common cases of retracted confessions and their causes by using the decision tree classification method.Secondly,we prepared an interview outline and questionnaire and interviewed the investigators on the issue of retracted confessions,and conducted a questionnaire survey on the issues related to retracted confessions of convicted criminals.Finally,based on the results of decision tree analysis,interview results,questionnaire results,and the results of existing scholars’ surveys,a comprehensive analysis of the phenomenon of retracted confessions is conducted to summarize the characteristics of the retracted confession problem.The third chapter is the analysis of the causes of the problem of retracted confessions.This chapter summarizes the reasons for the problem of retracted confessions based on the investigation and analysis of the current situation of retracted confessions,mainly including:first,there are problems with the evidence collection procedures,including the existence of illegal evidence collection methods such as torture,induced confessions,fraudulent confessions,fatigue interrogation,etc.,defects in evidence collection procedures when collecting physical evidence,documentary evidence,etc.,and incomplete synchronized audio and video recording;second,the evidence system is not perfect,including defects in the content of interrogation transcripts,other evidence outside the oral confession is not Adequate;third is the confession of psychological disorders leading to retraction,including the persistence of the fear of guilt,residual fluke;fourth is affected by outside personnel,including by lawyers and other defense intervention,by co-accused,suspects in the same prison.The fourth chapter is about the investigation and interrogation countermeasures for retracted confessions.This chapter is based on the reasons for the existence of the problem of retracted confessions,in chronological order,for how to obtain effective confessions in the investigation stage,how to prevent and respond to retracted confessions proposed corresponding measures: First,the scientific formulation of interrogation countermeasures to enhance the relevance of interrogation countermeasures,including understanding the suspect and the case;for the suspect and the different characteristics of the case,the development of effective interrogation strategies;confession legal incentive mechanism and Interrogation methods and reduce the suspect’s confrontation.Second,standardize the evidence collection process to ensure the evidentiary capacity and probative power of confessions,including deepening and refining the content of confessions;eliminating torture to force confessions,induce confessions,fraudulent confessions,and other illegal interrogation methods;strictly standardize the interrogation transcript production procedures;and improve the entire audio and video recording and personal testimony system.Third,the reasonable handling of the investigation stage retracted confessions,to ensure the smooth conduct of the proceedings,including screening the authenticity of the content of retracted confessions;identifying the real reasons for retracted confessions;the right remedy to obtain their true confessions;timely consolidation of the psychological confessions.Fourth,to prepare for the refutation of retracted confessions in court,including actively correcting other evidentiary materials to effectively respond to the review and prosecution;and conducting procedural and corroborative reviews of evidence and case details.