Interrogation Duration and the Estimation of False Confession Wrongful Conviction Risk: A Reply to Smith and Colleagues
Scott M. Mourtgos, Ian T. Adams
Journal of Criminal Justice (forthcoming) (2026)
Smith et al. (2026) independently reconstructed our inverse probability analysis of false confession wrongful conviction (FCWC) risk and reproduced its results. Their replication confirms the central point of our original article: the existing literature does not provide reliable estimates of how often interrogation tactics occur in FCWC and non-FCWC cases and therefore cannot identify the population risk associated with them. Smith et al. then pivot to a different question, whether FCWC risk varies with interrogation duration, and report risk of FCWC at approximately 10% at six hours and 25% at twelve hours. We examine whether the available evidence supports those estimates. The duration likelihoods combine different populations, outcomes, units of observation, and duration measures. At twelve hours, changing only which false confession study is used to construct the likelihood moves the estimated risk from 26.3% to 72.6%, while a comparison using both groups from the same study produces an estimate of 4.0% and never reaches 10% at any evaluated duration. These results do not establish that prolonged interrogations are safe. They show that the reported thresholds are not stable estimates of population risk. Our findings may be unpopular in a field devoted to preventing serious harm, but the importance of the outcome does not alter the underlying statistical constraint. Bayes' theorem can update probabilities using evidence, but it cannot supply the denominator that more than 45 years of false confession research never collected.