Nearly 40 participants from Ukraine engaged in discussions regarding both the immediate and underlying causes of errors of justice and wrongful convictions. The workshop was organized as part of the project "Investigative Interviewing in Ukraine: Upholding Human Rights in Law Enforcement and Criminal Justice Governance."
Police Misconduct and False Confessions
According to Rachlews research, 45-50% of all errors of justice result from police or prosecutor misconduct. Further, Rachlew highlighted that 22% of errors of justice stem from false confessions, with the rate soaring to 42% when the suspect is under 18 years old. This alarming trend raises the question: why are innocent people who confess falsely convicted by the courts?
Rachlew elaborated on the factors contributing to these errors and classified them as immediate or underlying causes. One major issue observed worldwide, exemplified by the Birgitte Tengs case in Norway in the late 1990s, is the use of manipulative, confession-oriented techniques by police interrogators, often combined by solitary confinement.
Moreover, he pointed out that false confessions tend to corrupt other evidence in the case. For instance, eyewitness testimonies may begin to align with the confession, leading witnesses to believe they saw the suspect at the scene, which further complicates the pursuit of justice.
Overcoming Tunnel Vision and Biases in Criminal Investigations
A recurring theme in discussions about errors of justice is the issue of tunnel vision and the impact of confirmation biases. Rachlew noted that there is a tendency for decision-makers to ignore or downplay information that contradicts their beliefs or views. This cognitive process is often more powerful than we realize.
So, how can we reduce errors related to these biases? While confirmation biases are impossible to eliminate entirely—and can even be beneficial in certain situations—they should not influence professional decision-making. Rachlew offered several strategies for mitigating these biases. First, he emphasized the importance of awareness; decision-makers must acknowledge the complexity and vulnerability of their roles, recognizing their limitations as a critical step toward improvement. Furthermore, continuous education is essential to address the evolving nature of criminal investigations. To counteract the fixation on initial assumptions, he recommended implementing methodologies that encourage investigators to generate and actively test alternative hypotheses. Finally, establishing a systematic framework is crucial to ensure consistency and accountability in investigative processes.
A Culture of Learning from Mistakes
The workshop concluded with an honest and open discussion where the instructor and the participants shared their own experiences of committing errors within the justice system. Rachlew emphasized the importance of creating a culture in which individuals feel safe to share their mistakes without fear of judgment. He stressed that, together as a group, we can utilize these experiences to learn and develop, ultimately preventing similar errors in the future.