CAJ | 학술논문

本文以虚假供述的研究方法为起点，结合案例，对自愿型、强迫-服从型和强迫-内化型三种类型的虚假供述进行介绍，从个人因素与情境因素两个方面，对虚假供述的影响因素加以分析。其中，着重阐述了虚假供述的实验室研究范式。在评析影响因素的基础上对我国的新刑事诉讼法进行讨论，以期从法律上控制虚假供述影响因素。
본문이허가공술적연구방법위기점，결합안례，대자원형、강박-복종형화강박-내화형삼충류형적허가공술진행개소，종개인인소여정경인소량개방면，대허가공술적영향인소가이분석。기중，착중천술료허가공술적실험실연구범식。재평석영향인소적기출상대아국적신형사소송법진행토론，이기종법률상공제허가공술영향인소。
With the purpose of reviewing current research on false confession, this paper introduces the typology of false confessions, analyses factors that may lead to false confessions in terms of personal aspect and situational aspect, and presents the computer-crash paradigm and the novel experimental paradigm for eliciting false confessions in laboratory. Researchers outline false confessions to 3 types ： voluntary, coerced-complaint, and coerced-internalized. This descriptive typology provides a frame for people to understand false confession systematically. The personal aspect of false confessions concerns factors relevant to suspects, including compliance, suggestibility and age, with questionnaires as the dominant method. Research shows that innocent people who are high in compliance and suggestibility and low in age may be risky of giving false corrfession. As for the situational aspect, false incriminating evidence and ＂minimization＂ are the two key factors the researchers have paid attention to, with laboratory experiments as the dominant method. The computer-crash paradigm devised by Kassin and Kiechel （1996） is widely used in experiments for eliciting false confessions in laboratory with false incriminating evidence. Pace （slow or last） and evidence （witness or no witness） are the two independent variables in this experiment. The subjects, who were accused of damaging a computer by pressing the wrong key which was prohibited to press, denied the charge initially. But some of them turned out to confess after the confederate provided a witness of seeing or not seeing the subjects pressing the wrong key. Confession rate, which was the lowest in the slow-pace × no witness group and highest in the fast-pace × witness group, was significantly different between the two groups. The results of this experiment indicated that it was possible for people to internalize guilt for a crime they did not committed and that the presentation of false confession hight increased the risk. The novel experimental paradigm, proposed by Russano et al. （2005）, measured the behavioral effects of minimization in interrogations. Minimization, a tactic used widely by interrogators, was introduced in this paradigm as an independent variable. Paired with a confederate in a problem-solving study, the subjects were instructed to work alone on some problems and together with a confederate on other problems. The paradigm involved guilty and innocent participants being accused of violating the experimental prohibition. The results indicated that the use of minimization increased the rate of both true and false confessions. Research on false confession was discussed from perspectives of operational criterion, case study and ecological validity. Further research should provide operational criterion to describe false confessions more specifically so that interrogators would be aware of the conditions that they should keep away from. Also, researchers should pay more attention on case study to broaden and deepen the understanding of false confessions. Then, several problems in the computercrash paradigm need to be solved so as to improve the ecological validity of the experiment. Finally, some control measures are put for ward, combining the psychological results with the amendment of the criminal procedure law, in order to help the judicial practice.