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A Study On Deceptive Interrogation From The Perspective Of Psychological Coercion

Posted on:2018-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:R J LiFull Text:PDF
GTID:2416330536975312Subject:Public Security Law
Abstract/Summary:PDF Full Text Request
According to the progress of time,an illegal mean in interrogation which is extort a confession by torture has gradually withdrawn from the stage of history.As one of the most common interrogation strategies in the psychological coercive mode,the deceptive questioning strategy has been widely used in practice.The deceptive interrogation strategy refers to the interrogation strategy of the investigator through the fabricate facts,concealment of the facts of the case or the misunderstanding of the suspect to the suspect and obtain the interrogation strategy of the suspect.The use of deceptive interrogation strategies makes it easier for investigators to obtain confessions,but the hidden dangers are emerging.As one of the fastest developing countries in interrogation practice,the United States has been plagued by this problem.In 1931,a report made by the Wickersham Investigative Commission led the US interrogation model to gradually transition from a physical coercion(such as extort a confession by torture)interrogation model to a psychological coercive interrogation model.In order to get the confession of the suspects faster,the US police began to use the deceptive interrogation strategy in the interrogation process,in the United States police editor of the official textbook is recommended police officers use "lying" way to interrogate.The change of the interrogation model has alleviated the problem of miscarriage of justice in the United States for a certain period of time,but it has not disappeared.Under the domination of deceptive questioning,there have been more and more wrong cases in United States.The rise of DNA technology in 1989 made the controversial interrogation strategy pushed to the cusp.Because the deceptive questioning strategy is not only easy to cause miscarriage of justice,more likely to lead to false confession.In recent years,China's miscarriage of justice also showed a high incidence.In order to effectively suppress this problem,China began to improve the legal loopholes,and gradually regulate the process of interrogation.It is easy to see the new "Code of Criminal Procedure" amendment gives a better solution to the problem of extort a confession by torture in the interrogation.It is worth noting,however,that the provisions of the new Code of Criminal Procedure are subject to consideration for deceptive interrogation.Now the focus of most scholars in China is still focused on extort a confession by torture,but often overlooked the risk of the deceptive interrogation and the consequences of the deceptive interrogation.Therefore,in order to avoid our country to repeat the mistakes of the United States and other developed countries,in order to better seek to combat crime and safeguard the balance of human rights,I believe that the study of psychological coercion under the perspective of deceptive questioning imminent.The basic content of this paper is as follows:Part I: briefly combs the research direction and research content of the existing research on deceptive questioning and psychological coercion,and analyzes the problems and shortcomings of the literature in the research content and direction.And through the brief analysis of psychological coercion mode of fraud and interrogation caused by the question and study the value of the problem,highlighting the significance of this study.Part II: briefly summarizes and combs the basic concepts of psychological coercion and deceptive interrogation,including the concept of psychological coercion,the concrete manifestation of psychological coercion,the concept of deceptive interrogation,the type of deceptive interrogation,to clarify the psychological coercion Interrogation Mode and Deceptive Interrogation.Part III: summarizes the history and development of American deceptive interrogation,and tries to find out the problems that have occurred in the psychological coercion of our country or may be due to deceptive questioning by reflecting on the problems and consequences caused by deceptive interrogation in the United States.Part IV: Analyze the pros and cons of deceptive interrogation and clarify the value of its existence.Part V: Analyzes the boundary of deceptive interrogation by comparing the domestic and foreign laws to find out the balance between the crime of combating crime and protecting human rights and clarifying the boundary of our deceptive questioning strategy.Part VI: Empty theory cannot guarantee the operation of practice,the author will combine the above theoretical analysis,through the construction of the relevant institutional structure to protect the deceptive interrogation in the interrogation process of rational use and constraints.
Keywords/Search Tags:psychological coercion, deceptive, interrogation, false confession
PDF Full Text Request
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