Should Police Deception in Interrogations End? Advocates Push for Change

In a significant shift in interrogation policies, ten states have passed laws banning police from lying to juveniles during custody interrogations. While this marks progress, legal advocates argue it’s not enough. They are now pushing for broader reforms to extend these protections to adults.

A Devastating Experience

Ted Bradford recalls the worst day of his life when Yakima, Washington, detectives subjected him to hours of intense questioning about a rape he didn’t commit. “They accused me repeatedly,” Bradford said. “I kept insisting, ‘I didn’t do this.”  Officers claimed they had biological evidence linking him to the crime, pressuring him to confess. In an attempt to end the ordeal, Bradford falsely confessed, assuming the evidence would ultimately clear him. However, the technology to test the evidence didn’t exist then. Despite retracting his confession, Bradford was convicted and sent to prison, leaving his two young children behind.

Years later, advancements in DNA testing exonerated Bradford in 2010, but the damage was done. “Every day, I woke up knowing I shouldn’t be there,” he reflected.

A Common Practice with Devastating Consequences

Bradford’s case is not unique. Police across the United States are legally permitted to deceive suspects during interrogations. While the tactic is intended to extract confessions, it often leads to false admissions of guilt.

Wrongful conviction attorney Laura Nirider notes, “Police are trained in all 50 states to use deception—fabricating evidence or downplaying consequences—to secure confessions.” These confessions, she explains, are seen as robust evidence in court despite the risk of false admissions.

According to the Innocence Project, false confessions were involved in nearly one-third of DNA exonerations from 1989 to 2020. Vulnerable populations—including young adults, people with intellectual disabilities, and those predisposed to compliance—are particularly susceptible.

Expanding Protections Beyond Juveniles

Ten states, starting with Illinois in 2021, have banned police from lying to juveniles during interrogations. Advocates argue similar protections should extend to adults. Lara Zarowsky of the Washington Innocence Project highlights the broader issue: “Children are especially vulnerable, but deception can manipulate anyone.”

Washington state lawmakers are leading efforts to address this. Representative Strom Peterson has introduced a bill twice to make confessions obtained through deception inadmissible for both juveniles and adults. However, the legislation has stalled, largely due to opposition from law enforcement groups.

Law Enforcement Resistance

The Washington Association of Sheriffs and Police Chiefs opposes the measure, arguing that deception often leads to more truthful confessions than false ones. James McMahan, the association’s policy director, warned that banning the tactic could hinder crime-solving efforts and reduce offender accountability.“Sometimes deception is necessary to uncover the truth,” McMahan said during a legislative hearing. The association emphasized that judges already assess the voluntariness of confessions and that convictions based solely on confessions are rare.

A Call for Change in Police Tactics

Critics argue that reliance on deception undermines public trust in law enforcement. Jim Trainum, a retired Washington, D.C., homicide detective, observed that the weight of a confession often pressures investigators to move on prematurely, even if doubts remain. “There’s a push to close the case once you have a confession,” Trainum explained. “But what if it’s not accurate?” Advocates like Mark Fallon, a former federal agent, suggest alternative interrogation techniques that prioritize building rapport and gathering information over coercing confessions. Countries like England, Germany, and Japan have adopted such approaches, banning police deception and fostering greater public trust.

Building Trust, Ensuring Justice

Peterson plans to reintroduce the bill in Washington, emphasizing that better tools lead to better outcomes. “When police rely on the best methods, they convict the right people and build trust with the communities they serve,” he said. As debates continue, one question remains: Should police deception, a practice with far-reaching consequences, still have a place in modern law enforcement?