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False confessions research paper
Pros and cons about false confessions
False confessions research paper
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The Netflix original series “Making a Murderer” goes through the trails of Steven Avery and Brendan Dassey. Taking a closer look into Brendan Dasseys case can show several examples and evidence on how they were able to get inside his head and give a false confession to put him and Steven Avery in jail for life. Firstly, His lawyer , Len Kachinsky, had no intention of helping him from the start. Before he even met Brendan, he held a press conference and did interviews on the case before speaking with him. (3:35-4:34). He was also not present when Brendan was interviewed by the police, which breaks his loyalty to Brendan, and it is a civil right to have the loyalty of a lawyer and for them to be present in all interrogations. This gave
It’s clearly shown that Brendan does not fully understand what is happening, and O’kelly has specifically place items on the table to help with convincing him into a false confession. He also continuously tells Brendan that he is a liar or he is lying when Brendan says that he innocent and he says several times “ I don’t know” or “ I didn’t seen anything”. O’Kelly also tells Brendan “you don’t wanna go to jail your whole life, do you? If you tell the truth you won’t get in trouble, you won’t go to jail.” He says this to be able to get a confession from Brendan, and Brendan complies because all he wants to do is to go home, but right after he re-writes his statement (after O’kelly says what he wrote the first time was “not the truth”) O’kelly is satisfied with this wild story Brendan has made up and says he is being good by telling the truth, and then as Brendan is being chained up O’kelly calls Kachinsky saying that it “went very well, quite well.” Which just goes to show that all O’kelly was after was a story, not the truth.
Right from the beginning, they say that “things don’t add up” and as the video progresses you can clearly see that Brendan pauses for quite some time as he’s thinking of the next thing to guess so the investigators can hear what they want to hear from him. When Brendan isn’t guessing the correct things, he brings up his mom saying, “How would she feel if she knew that you were lying to us.” This is a interesting tactic they use to obtain this false confession, using his own mom against him. This interrogation went on for 3 ½ hours, and Len Kachinsky is never present during the questioning, which also shows he had no true intent in ever helping Brendan.
The meetings took place at the courthouse, and Kelly asserts “were likely in a separate cell away from the general detainees, which has always been my practice.” The meeting that took place at MCI Concord on the eve of the trial, “was to prepare him for his direct and cross-examination inquiry.” During the meeting on the eve of the trial, Dascoli provided Kelly some information from the past that would support the fact that the victim was in fact the “first aggressor.” Despite the late disclosure, Kelly prepared a motion to present to the court, and a portion of the information was allowed to be presented to the jury. Kelly suggests that he had questioned Dascoli about past incidents with his brother, but he did not inform him of any until the trial preparation
The Army CID sent a new, inexperienced investigator named William Ivory to investigate the scene. Ivory decided after looking around the house that MacDonald made up the story of the killers. He also persuaded everyone that he was the culprit. This meant that everyone in Ivory’s chain...
Throughout the trial, defense attorneys attempted to argue Salvi was suffering from psychological disorders that would make him incompetent for trial. Ultimately, however Salvi was found competent to stand trial. After reading Salvi’s full psychiatric interview, the official court transcript of the four-day competency hearing, and the day-to-day summary; I have come to agree that the defendant, John Salvi was competent to stand trial.
The play is pretty clear that Father Flynn is innocent. Father Brendan Flynn is a very conservative priest, who wants to help the students. He also tried to make changes such that student would use ball pen and sing frosty the snowman. In the other hand, Sister Aloysius is a progressive nun, who does not like the school to change. Father Flynn caught Donald drinking wine, and to save the boy from getting discharged as an altar boy, he made a promise to Donald to not to tell anyone. Sister Aloysius drove Father Flynn to the point that he had to tell the truth about Donald drinking the altar wine. The church will now have to discharge Donald as an altar boy, which Father Flynn had been trying to avoid this entire time. Before leaving Sister Aloysius’s office, Father Flynn tells her that, “He is displeased with her handling of the situation.”(Shanley 35)
Throughout this particular case the audience learns numerous details about how John 's personal life may have led him to be a killer. John was a part of a group at school known as the "freaks" who were constantly victims of the popular kids ' bullying and taunts. John was even mugged at the young age of only thirteen by some older classmates. John 's father 's response was highly negative and abusive, telling John repeatedly that he was ashamed of him and that he needed to toughen up and be a man, and bought his son illegal weapons and violent video games instead of helping his son confront his conflicts. Later in the case the jury is introduced to Leo Clayton a boy who has experienced numerous of the same traumatic events that John had been tormented with, except for the fact that Leo 's father actually listened to his sons silent cries for help and confronted Robert about John 's inappropriate behavior at school towards Leo. While this did not eliminate Leo 's problems it did open a healthy and communicative relationship between father and son and showed Leo that he was not fighting this battle alone and that he was
``In criminal law, confession evidence is a prosecutor’s most potent weapon’’ (Kassin, 1997)—“the ‘queen of proofs’ in the law” (Brooks, 2000). Regardless of when in the legal process they occur, statements of confession often provide the most incriminating form of evidence and have been shown to significantly increase the rate of conviction. Legal scholars even argue that a defendant’s confession may be the sole piece of evidence considered during a trial and often guides jurors’ perception of the case (McCormick, 1972). The admission of a false confession can be the deciding point between a suspect’s freedom and their death sentence. To this end, research and analysis of the false confessions-filled Norfolk Four case reveals the drastic and controversial measures that the prosecuting team will take to provoke a confession, be it true or false.
It is difficult to make the decision if Father Flynn is innocent or guilty. In John Patrick Shanley’s Doubt; a parable, he eclipses the truth very well. The scenes about the toy, the camping trip and the undershirt cause much confusion; causing the audience to go back and forth in their minds and doubt Father Flynn. Law says that people are innocent until proven guilty although; realistically, everyone knows that people are guilty until proven innocent. It is very possible that Father Fynn is only helping Donald, because he is less fortunate than the other students at his school; and it is also very possible that he is hurting the child by molesting him. The decision is left to the audience as the jury.
Murder at the Margin is a murder mystery involving various economic concepts. The story takes place in Cinnamon Bay Plantation on the Virgin Island of St. John. It is about Professor Henry Spearman, an economist from Harvard. Spearman organizes an investigation of his own using economic laws to solve the case.
He admits that some parts of his writing are made up, and he is intentionally vague about the truthfulness of other parts. When asked if he had ever killed anyone, O’Brien said that he could reply, honestly, with both “Of course not,” and “Yes” (172). He explains that even the guilt of being present when the kill took place was enough that it doesn’t matter if he himself threw the grenade or not, he would feel the same way. It doesn’t matter the exact events that took place; this story is about how he felt about seeing murder up close and personal. O’Brien explains that “by telling stories, you objectify your own experience... You pin down certain truths. You make up others” (152). Writing was a way to verbalize his past, and he told the vague details how he experienced them, if not necessarily how they happened. He was able to separate himself from his memories and remorse allowing himself to cope with his past in the war. While the reader will never know the exact truth, they can still understand the guilt and that O’Brien felt as a
The Murderers Are Among Us, directed by Wolfe Gang Staudte, is the first postwar film. The film takes place in Berlin right after the war. Susan Wallner, a young women who has returned from a concentration camp, goes to her old apartment to find Hans Mertens living there. Hans took up there after returning home from war and finding out his house was destroyed. Hans would not leave, even after Susan returned home. Later on in the film we find out Hans was a former surgeon but can no longer deal with human suffering because of his traumatic experience in war. We find out about this traumatic experience when Ferdinand Bruckner comes into the film. Bruckner, Hans’ former captain, was responsible for killing hundreds
On December 18th 2015 Netflix aired with great popularity a 10 part documentary series called “making a Murderer” The documentary, written by Laura Ricciardi and Moira Demo, present the case of Steven Avery; a convicted murderer exonerated on DNA evidence after serving 18 years for the assault and attempted murder of Penny Beerntsen. The writers present the series in a way that suggest that Avery was framed by the Manitowoc Country police department. and present that the police planted evidence to frame Steven Avery because he had been exonerated from the previous crime. The ethical problem with this as is presented by Kathryn Schulz in The New Yorker, is that the documentary argues their case so passionately that they leave out important
knew the truth and had to decide if he was going to help hide the truth or let
When Jack does this, the information remains the main focus rather than the story and the story was sometimes clumped together without any information given. The story and information elements are there, but the whole process of creating this test was sometimes filled with just information. In addition, some of the things he talked about while trying to weave the information and story together were rushed and as a result, the story aspect of creating the actual test moved to getting it approved. Sometimes, the information seems to become the main focus while the story gets pushed to the side as if it was nothing, suspending the story as more information was added in between each part of the
The film was shown to the courtroom and then came the long battle of was it or was it not R. Kelly. In the past, Kelly was accused eleven different times of having sex with a girl who is underage. This is interesting because during this time period not many other people have
When I think of crime I think of an action someone has done that society sees as unfit, whether that action is justifies by the person. Most of the time people don’t really care if the person was stealing so they could feed their family or stealing so they can pay for medical bills, a crime is a crime. Although crime is unlawful there usually is an origin. Some argue that it comes from desperation, which are the usual ordinary crimes you hear on the news, others believe it comes from greed. Where does this constant state of despair come from, research points to poverty. It’s widely known that neighborhoods that struggle in poverty are more likely to be prone to crime. The greed aspect comes from people wanting to make a profit so they join organizations that revolve around crime, which would be organized crime. The greed that makes people do crime is brought by organized crime, while others firmly believe that crime comes from the desperation that poverty causes.