What exactly are the risks of an innocent person talking to LE? Just talking to them, from the confines and protection of his own home. As BL could have and should have done immediately, with his lawyer present. I can see no risk to him whatsoever but maybe I'm not imaginative enough. You can talk to cops with your lawyer present. He didn't even do that.
If he was innocent there would be nothing at all for them to "catch" him saying or doing.
If he was partially guilty there would be, but whatever he did he should take responsibility and tell LE and the Petitos what happened instead of running like a coward.
BL's a privileged young man living with his parents in "good" neighborhood. Nothing was going to happen to him from talking to LE, IMO.
I want to preface this post by saying that I personally believe Brian is guilty, but I completely understand why people choose not to speak with police regardless of their guilt/innocence. An innocent person may choose not to speak to LE for a variety of reasons, just as a guilty person may also choose to exercise their Fifth Amendment right against self-incrimination. False confessions are unfortunately not as rare as one might think. It is extremely difficult to accurately ascertain the prevalence of false confessions, but some studies have tried to provide a general estimation. In a survey of inmates over 1,000 inmates with mental illness, 9 to 28 percent of them reported to have falsely confessed and 27 to 41 percent reported to have submitted a false guilty plea (
Redlich, Summers, and Hoover 83).
It may seem counterintuitive, but the phenomenology of innocence can have a major detrimental impact on the suspect's decision-making abilities. Common interrogation techniques such as the evidence ploy (where the interrogator(s) claim to have evidence implicating the suspect in the crime when they actually do not) or bluffing (where interrogators claim(s) to have evidence without claiming that it necessarily implicates the suspect) may actually be more effective on the innocent than the guilty. Innocent suspects accused of crimes generally hold a naive belief that their innocence will be apparent to others, and are thus more likely to waive their
Miranda rights (
Perillo and Kassin 328). One experimental study found that innocent participants were more likely to waive their
Miranda rights than guilty participants even when the officer was aggressive, hostile, and confrontational (
Kassin 116).
If a false confession is made, it can be very difficult to overcome in the eyes of the jury. Despite believing that tactics such as the false evidence ploy or wearing down the suspect with a long interrogation to be coercive, jurors do not believe that such tactics are necessarily likely to elicit false confessions (
Blandon-Gitlin, Sperry, and Leo 247). Potential jurors significantly underestimate the power of a false confession––52 percent said that a person who falsely confessed to a crime would be convicted even in the absence of other evidence against them, when in the real-world
81 percent of people who falsely confess and then plead "not guilty" are convicted (
Costanzo, Shaked-Schroer, and Vinson 243-4).
Sources
Blandon-Gitlin, Iris, Katheryn Sperry, and Richard Leo. "
Jurors believe interrogation tactics are not likely to elicit false confessions: Will expert witness testimony inform them otherwise?."
Psychology, Crime & Law 17, no. 3 (2011): 239-260.
Costanzo, Mark, Netta Shaked‐Schroer, and Katherine Vinson. "
Juror Beliefs About Police Interrogations, False Confessions, and Expert Testimony."
Journal of Empirical Legal Studies 7, no. 2 (2010): 231-247.
Kassin, Saul M. "
False Confessions: Causes, Consequences, and Implications for Reform."
Policy Insights from the Behavioral and Brain Sciences 1, no. 1 (2014): 112-121.
Perillo, Jennifer T., and Saul M. Kassin. "
Inside Interrogation: The Lie, the Bluff, and False Confessions."
Law and Human Behavior 35, no. 4 (2011): 327-337.
Redlich, Allison D., Alicia Summers, and Steven Hoover. "
Self-Reported False Confessions and False Guilty Pleas among Offenders with Mental Illness."
Law and Human Behavior 34, no. 1 (2010): 79-90.