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Polygraph reliability essay
Polygraph reliability essay
Polygraph reliability essay
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Lie detectors can be useful to determine whether or not on is telling the truth. However, polygraph test cannot be applicable to all crimes, as Raymond Hernandez discusses in his article about lie-detectors and alleged rape victims. The article is dated, however it provides a great reasoning of why not to use polygraph test on alleged rape victims. Particularly Hernandez is talking about a legislation that bans law enforcement to conduct polygraph tests on those who file rape complaints (Hernandez, 1996, para.1). The bill was discussed and talked over for years, and after pressure and lobbying by victims' rights activists it was passed. Activists argued that polygraph test forces victims to undergo unwarranted shock and recollection of damaging events. As well as the previous bill did not work effectively enough to protect those victims (Hernandez, 1996, para. 2, and 3). The bill is intended to give more elaborate protection to sexual assault victims, by not making them to re live the trauma all over again (Hernandez, 1996, para. 4). Despite the fact that law enforcement does not …show more content…
Its accuarcy is being questioned and not many states actually allow to introduce evidence to the court based on polygraph test discovery. Some states allow a certain amount of such evidence being introduced, but mainly judges are skeptical when it comes to polygraph testing. In addition, there is confusion among those who are paid to read the results off polygraph, because results may differ and different people present different results. Some might alter the readings of the test by manipulating their emotions and physiology. This aspect is still to be tackled by the law enforcement officers. Also, some might argue that tests are inadmissible because they were made up by non scientists, thus they have no knowledge in the
Saunders states that Rape Shield laws are in place to protect victims of sexual assaults and rapes during a criminal trial. They prevent defendants to bring fourth evidence of the victim’s sexual history, orientation or past relationships (Saunders, 2014). Rape can be a very emotional and embarrassing ordeal; it’s very private and personal and can be hard to deal with for years to come. As with many victims of crime especially sexual offenses there are advantages and disadvantages to each new law that is implemented. This paper is designed to analyze the advantages and disadvantage of the Rape Shield Laws.
Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Discuss.
However, along with much strength of this statue, there are also many weaknesses of the rape shield laws. The strengths of the rape shield laws are that the statue tends to exclude the defense counsel from introducing an alleged victim’s prior sexual history into evidence. By limiting the defendant’s use of a victim’s sexual past, the laws attempt to prevent this evidence from being unfairly used to discredit the victim’s credibility. For example, a man was accused of assault and battery during a sexual encounter. However, the victim also has a hist... ...
Studies have shown that “eyewitness misidentification is the single greatest cause of wrongful convictions nationwide [contributing] […] [to] more than 75% of convictions overturned through DNA testing” (American Civil Liberties Union). The first situation resulting in the misidentification, was made when the police rounded up six men according to the ...
Memory is not reliable; memory can be altered and adjusted. Memory is stored in the brain just like files stored in a cabinet, you store it, save it and then later on retrieve and sometimes even alter and return it. In doing so that changes the original data that was first stored. Over time memory fades and becomes distorted, trauma and other events in life can cause the way we store memory to become faulty. So when focusing on eyewitnesses, sometimes our memory will not relay correct information due to different cues, questioning, and trauma and so forth, which makes eyewitness even harder to rely on. Yet it is still applied in the criminal justice system.
...igations today has a huge impact on false confessions. The Reid Technique is being criticized in the media because of its guilt-presumptive, aggressive, and psychologically manipulative nature. It is based on a series of assumptions that lack scientific support, and by using it they are creating hostile and coercive environment for the interrogation. The fact that they try to pass these confessions off as voluntary should also be an issue against using them since we know they are usually coerced. There are two alternatives to the Reid technique being used to interview suspects. These do not use coercion and manipulation to get confessions. The first is the PEACE Model, which is an interview technique that is more ethical, and the other technique is Cognitive interviewing which is used by police as a memory technique used to enhance the retrieval of their memory.
False confessions are receiving more public attention now that people are speaking out about having to serve jail time for a crime they did not commit. 2015 was a year to remember for false confessions starting in January when a man was released after serving 21 years in prison. The protocols that interrogators are trained to follow are dangerous because they allow investigators to have complete influence on innocent people to make false confessions.
She talks about court cases, in the R. v. Clarke, the wife ordered a divorce from her husband, two weeks later she is raped by her husband. The rule was that it was considered rape because the wife ordered a divorce which meant the couple were not one any more but two individuals. There are a few more case rulings that later lead to the elimination of the Marital Rape Exemption law in the R. v. R case. The case is about when the wife leaves with her child to her parent’s home, two days later the husband calls to say he is going to divorce her. A few weeks later he, the husband, breaks in his wife’s parents house and forced/attempts to force his wife to have sex. The Judge, Judge Owens, states he does not make laws but he does rule what he believes the laws mean. This I believe is important because later in the passage the author points out that Judge Owens believed that in this case the wife did consent of having sexual intercourse with her husband but he did believe the husband could be charged of rape because there was violence involved. Judge Owens concluded that the numerous amount violence involved states the husband was found guilty but he did not talk about marital rape but mostly of the violence involved. Later the case was appealed and it ruled “unlawful”,
...xpert witnesses. Interviews and statements can be used in court if they are documented properly. The expert witness is used to support the evidence that has been obtained. These three things can preserve the discovery and support the case in court.
Sometimes the victim does not look like a stereotypical victim. Smoked a lot, drank a lot, dressed provocatively, wasn’t she asking for it? Doesn’t that make her less credible? With our justice system, the standard for whether rape occurred is placed upon the victim entirely. Their thoughts, sexual history, and actions are opened up for scrutiny, criticism, sometimes outright disbelief. It is no wonder that around 66% of sexual assault cases go unreported and less than 2% of rapists are ever actually incarcerated [2]. (These are generous estimates; the reality is probably much worse.) When they are reported, people think they’re lying. Disregarding the fact that reporting rape is a very traumatizing process, statistically only 2-8% of rape reports are false reports [3]. We must dispel the idea that rape victims are lying, because the overwhelming majority of the time, they are not. This kind of mentality creates a toxic environment that prevents the victims from speaking
The statistics clearly show a group of people who’re affected by the heinous acts of sexual assault. Everyone knows that sexual assault isn’t a topic that’s on the top of the list to talk about; people usually even try to go as far as to hide it or to cover it up. Though, it’s clear for certain; covering something up doesn’t make it alright – It won’t make it go away and the problem is still there. For that exact fact, it is the very reason that sexual assault is something that needs to be brought to the
This same article examines the history of DNA evidence and acknowledges that when evidence was first introduced to the courts that the new type of identification was initially accepted without any challenges, however, critics quickly contended that DNA tests were problematic because of the reliability and the validity of probative value of the evidence. For example, DNA exoneration cases suggest that errors in forensic identification led to a high number of wrongful convictions and concerns that media coverage portrayals of forensic science evidence on popular television shows leads jurors to unfairly weigh DNA evidence while making their decision about the facts of a trial (Carrell, 2008). Moreover, in recent DNA exoneration cases the courts and jurors had difficulty analyzing the testimony of the experts on forensic identification evidence. According to the article, in 86 DNA exoneration cases, forensic science testing errors were the second leading cause of wrongful conviction, falling behind wrongful eyewitness misidentification (Carrell,
Opposers of torture also say that there are many other better ways to obtain information like relating and being friendly with them as well as using a lie detector test (Fessenden). If someone is a terrorist willing to take their own life along with many others, they are not just going to give in with simple small talk. They will not give in because they do not have a moral code and are loyal to their own group, not America. As for the lie detector polygraph test, it has been used for many years by the government. But through many tests of the equipment, it has now been proven multiple times that polygraph tests can be wrong because one can train themselves to completely trick the test showing that they are telling the truth even if they aren’t
Inertwined with rape myths, are subsequent rape scripts. As Ryan (2011) and Clay-Warner and McMahon-Howard (2009) showed, depending what script is prevalent or dominant, reporting rates and overall acknowledgement can be greatly affected. Our understanding of what constitutes a rape or sexual assault needs to significantly change otherwise countless victims will remained silenced. If the understanding of these crimes was broadened, and the acquaintance scenarios taken more seriously, more victims would come forward, report, and get the help they may desperately need, in addition to aiding the legal system in punishing the offender and improve society’s population.
The lack of evidence that a polygraph can detect lies is the reason the polygraph cannot be used in today’s courtrooms, so then why is it allowed to dictate who will get hired in law enforcement? If you are seeking a job in law enforcement chances are you will be subjected to a polygraph test. The polygraph test is used in part of the interview process to find out about previous drug use and other crimes you may have committed but didn’t get caught for, these crimes are called undetected crimes. We all know that a polygraph isn’t admissible in court rooms across the United States mainly because there isn’t any evidence to prove that a polygraph can detect a lie.