Mark McClish & Statement Analysis

  • #41
Ok, don't kill me on it, these were more or less just notes I was taking as I went through it early on. I haven't gone back to re-read it to see if some other piece of evidence makes any of my thoughts irrelevant or wrong, so take it for what it's worth. And it's certainly not a statement analysis like McClish.

Thanks for posting your thoughts. I think they're pretty spot on. The whole confession disaster gets sadder with every read. I noticed this time that every time Jesse is presented with a multiple choice question, he responds with the first answer from the list of possible answers supplied by the detectives.

Edited to add: ok, not every time, most of the time. Also, not the only issue i have with his answers. Not by a long shot.

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  • #42
I noticed this time that every time Jesse is presented with a multiple choice question, he responds with the first answer from the list of possible answers supplied by the detectives.
One to the contrary off the top of my head:

RIDGE: These blue jeans that Jason was wearing, designer jeans, or were they old jeans, wore out, holes
JESSIE: They were wore out

and another:

RIDGE: Okay, was it a designed shirt, like this bull type shirt, or was it just a plain white, old
JESSIE: Plain white

and another:

RIDGE: Okay, they killed the boys, you decided to go, you went home, how long after you got home before you received the phone call? 30 minutes or an hour?
JESSIE: Uh, silent an hour
 
  • #43
Would you also argue that me saying Christopher Columbus sailed across the Atlantic is just an educated guess, seeing as how I most certainly didn't witness that either?

Getting side tracked. You win. (Though some out there still insist the world is flat, so they'd probably say your guess isn't so educated. I know. Crazy huh?)
 
  • #44
Here's the difference, IMO, between Columbus and this case. The fact that Columbus sailed across the ocean to the New World is supported by his reporting back to the Queen and by hundreds of years of history supporting the sailing. In this case, we have conflicting opinions about much of the information and no way to corroborate it. But that's JMO. (Sorry, back on track!)
 
  • #45
Just a note here on the 'parroting' Misskelley does - when presented with multiple choice answers embedded in the questions put to him he clearly selects one or another of those options according to what he thinks the interviewer wants to hear (presumably under the impression that he can thus get the heck out of there a lot faster, and go home), and does so word for word to an almost echolalic level at times - a real red flag for false confession right there. And as reedus rightly points out, he has a visible and significant degree of difficulty formulating answers when not directly presented with a range of options to choose from.

I have a (admittedly very out of date) double degree in psych and sociology, and human behaviour is something I enjoy studying. It doesn't -take- four years of study, however, to observe the simple fact that Miskelley is indeed parrotting and attempting to choose the 'correct' answer from among those presented to him.

I also find it quite difficult to believe that those who engineered the interview were not aware of this. :\ It is incredibly irritating to me that any possible truth Misskelley had to offer is irrevocably tainted by that process.

Something else I mean to do, when I'm up to it, is dissect a few of Echols' more significant statements, too.
 
  • #46
Just a note here on the 'parroting' Misskelley does - when presented with multiple choice answers embedded in the questions put to him he clearly selects one or another of those options according to what he thinks the interviewer wants to hear
Just a note on how when your claim about "every time Jesse is presented with a multiple choice question, he responds with the first answer from the list of possible answers" was demonstrated false, you simply moved on to a new argument to dismiss Misskelley's confession. As for your claim of "a real red flag for false confession", if you can cite any notable research in that regard, please do. As for your claim of "presumably under the impression that he can thus get the heck out of there a lot faster, and go home", that seems unlikely given the fact that Misskelley had already been arrested before the tape started rolling.

My bad on confusing you with PF.
 
  • #47
Just a note on how when your claim about "every time Jesse is presented with a multiple choice question, he responds with the first answer from the list of possible answers" was demonstrated false, you simply moved on to a new argument to dismiss Misskelley's confession. As for your claim of "a real red flag for false confession", if you can cite any notable research in that regard, please do. As for your claim of "presumably under the impression that he can thus get the heck out of there a lot faster, and go home", that seems unlikely given the fact that Misskelley had already been arrested before the tape started rolling.

Just a note on how you're attacking her for something I said. Try to keep track of your targets, please. It's only fair.


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  • #48
There's a veritable ton of information available on the subject of false confession as well as problematic interrogation techniques and the need for scrupulous avoidance of leading questions, particularly when the subject is a juvenile, and moreso when the subject is both young and has a low IQ.

I am positive you can look all this up for yourself, but as for the concern regarding parrotting (as well as a generally decent read on the issue of false confession and contaminated interviewing techniques) there is this:

In an article entitled, Combating Contamination in Confession Cases, the authors carefully examine the problem of false confession cases, with a particular emphasis on the problem of DNA exoneration cases in which the defendants had falsely confessed, and yet their confession contained details of the crime that only the guilty person should have known.

The initial focus of the article is a review of the book, Convicting the Innocent: Where Criminal Prosecutions Go Wrong, by University of Virginia law professor Brandon L. Garrett, in which he carefully examined the first 250 DNA exoneration cases.

In their review the authors state the following about Garrett's research:

"Garrett’s analysis and findings concerning false confessions are nothing short of groundbreaking. At the beginning of his foray into the case materials, Garrett expected that the DNA exonerates’ confessions would lack detail and be riddled with errors (pp 18–19). Stunningly, he found just the opposite: in thirty-eight of the forty false confessions he studied, the confessions were detailed and ofter factually accurate descriptions of the criminal acts (pp 19–20). If these men are truly innocent, Garrett asks the reader, how is it that they were able to give such detailed and accurate confessions? His answer is that their DNA-proven false confessions were “contaminated” forms of evidence—as tainted and unreliable as contaminated physical evidence."

"In the confession context, contamination is the transfer of inside information—nonpublic details about the crime that only the true perpetrator could have known—from one person to another person during a police investigation.32 The problem of contamination in false confession cases usually arises during interrogation itself, when the interrogator pressures a suspect to accept a particular account of the crime story—one that usually squares with the interrogator’s preordained theory of how the crime occurred. The interrogator then uses leading questions, deliberately or inadvertently, to suggest specific facts about the crime to the suspect, which are then parroted back in the form of a confession. The presence of these types of specific facts in the suspect’s confession lends it credibility and creates an all-important illusion of corroboration."

In lieu of Garrett himself, this is not a bad summary/review of the work in question.

https://lawreview.uchicago.edu/site...oads/79_2/07 Nirider, Drepfer, Drizin BKR.pdf

This is pretty interesting study as well:

This analysis shows that the typical false confession contains more than a simple
‘I did it’ admission of guilt. It may seem counterintuitive, but most are richly detailed
statements complete with descriptions of the what, how, and why the crime was
committed.

http://web.williams.edu/Psychology/Faculty/Kassin/files/Appleby, Hasel, Kassin (2011).pdf
 
  • #49
Just a note on how when your claim about "every time Jesse is presented with a multiple choice question, he responds with the first answer from the list of possible answers" was demonstrated false, you simply moved on to a new argument to dismiss Misskelley's confession. As for your claim of "a real red flag for false confession", if you can cite any notable research in that regard, please do. As for your claim of "presumably under the impression that he can thus get the heck out of there a lot faster, and go home", that seems unlikely given the fact that Misskelley had already been arrested before the tape started rolling.

My bad on confusing you with PF.

I've pretty much ignored the posts talking about multiple choice so my apologies if this was said, but those questions should be multiple choice period. Multiple choices given means LE is still giving the answer to him.
 
  • #50
Additionally, false confessions were discussed in detail in this thread.
 

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