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Police and criminal evidence act 1984 essay
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Without accepting confessions as legitimate form of evidence to be used in the court of law, the justice system would be in complete disarray what with most suspects making confessions to the police, also having a high likelihood of going on to be convicted. Confessional evidence is of great importance seeing as it is one of the exceptions to the hearsay rule. Although it is of high regard in evidential law, it would be naïve to say that the law on confessions is down to perfection, especially with such high-profile cases such as the Guildford four or Birmingham six which brought to the surface the potential possibility of fabrication by police and perversion of the use of confessional evidence to bring about a certain result in a case. While known as the most powerful form of evidence to be adduced, it is also known as the “best and worst form of evidence” to deal with. Whether the implementations of the Police and Criminal Evidence Act has succeeded to remedy the dilemmas in respect to confession is up for discussion.
Before the Police and Criminal Evidence Act was implemented it has long been established from common law, from as early as the 18th
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How can one know if an admission of confessional evidence is not false? One test proposed on confession is that without independent evidence which corroborates the admission, the confession should not be admitted in evidence. One viewpoint would suggest this would help the authenticity of confessions and deter people from creating false confessions and protect the innocent from unjust convictions, though the justice system requires a balance between this and the ability to convict those which are guilty. Furthermore, a reform implemented as such would undermine the value that is put on confession as being regarded as the highest form of
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
``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.
Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Discuss.
This concept now embedded in the Federal Rules of Evidence can trace its philosophical underpinnings in prerevolutionary England. Before the 17th century, English courts had very few limitations on what evidence could be admitted into court.3 This court system, which was created in the wake of Norman invasion in 1066, did not ...
Among various arrests, people who are put in jail or prison due to their confession must make them a proven criminal, right? Unfortunately, not everybody who confesses to a crime is in fact guilty. A false confession is an act of confessing to a crime that the confessor didn’t commit. That creates a conflict involving the individual being accused and the trust towards police interrogation. For instance, after nearly eight years in prison, Nicole Harris sued eight Chicago police detectives, alleging that they coerced her confession (Meiser Para.2) The police detectives incorrectly informed Harris in failing “the polygraph test” indicating that she lied about not committing the murder of her son, Jaquari Dancy (Meiser). She felt that there was
Psychological research and application have established that it is not only people with learning disability or major mental illness that are susceptible to make false confessions. In order for a confession to be false, a person must either confess to a crime that he or she is completely innocent of or overstate his or her involvement in the crime. False confessions can be either voluntary or coerced. Although it is methodologically difficult to establish the frequency of false confessions, anecdotal evidence such as self-reports and case studies indicate that reported cases are only the ‘tip of the iceberg’. It appears that young people are particularly vulnerable and often make false confessions in order to protect others. Standardized psychological tests have been devised in order to assess personality factors such as suggestibility and compliance that render some people more vulnerable than others. The reason people make false confessions is typically due to a combination of factors such as psychological vulnerabilities, nature of the custodial confinement and the police interviewing tactics. Notorious cases of false confessions which have lead to the wrongful convictions of innocent people subsequently spending years in prison represent some of the worst cases of miscarriage of justice in Britain. One such cases, that of Engin Raghip of the so-called ‘Tottenham three’ will be discussed in the context of admissibility of psychological evidence in order to demonstrate how the judiciary has increasingly come to accept the psychological notion that most people, under certain circumstances, are susceptible to making false confessions.
"It is better that ten guilty persons escape than that one innocent suffer (Blackstone)." This quote explains how a proper court case is viewed, but what if there was a confession? In Mary Shelly’s Frankenstein, that’s exactly what happens to Justine; some planted evidence and then a false confession. In her book, it forces us to complete the role of God in a struggle of justice. Mary Shelly’s Frankenstein expresses the belief that religious knowledge will overcome the courts system, regardless of evidence. The one theme of knowledge in Mary Shelly’s Frankenstein is people believe religious knowledge will overcome the court knowledge. This theme of knowledge is demonstrated by the court case of William,
A thorough investigation can be the difference between proving an individual innocent or guilty (Reference). Investigations are highly important, however need to be precisely accurate and contain no mistakes to prevent a wrongful conviction of an individual (reference). This essay will focus on Mr. Farquharson’s homicide Investigation process. By doing so this essay will analyse and identify the process in which the investigation took place, failures or weaknesses made by police, recommendations that could have been made to improve the validity of the investigation and lastly the role in which social media influenced individuals to believe a certain view point and convict Robert Farquharson of murder.
Hodgson, Jacqueline. "Adding Injury to Injustice: The Suspect at the Police Station." Journal of Law and Society Mar. 1994: 85-101. Academic OneFile. Web. 15 Feb. 2015.
The 20th century was a pivotal time period for psychology. During this time period many sub-disciplines of psychology were created which in essence contributed to the growth and further development of psychology. One of those sub-disciplines of psychology that seems to constantly grow and has gained momentum over the years has been forensic psychology. Although Munsterberg was not the first to suggest that psychology should be applied to the law, instead it was Freud in 1906 during a speech to an Australian judge that there are factors within psychology that should be applied to the law. Although he was the man behind the discovery of forensic psychology and several other sub-disciplines of psychology.
Forensic Psychology, which is occasionally referred to as Legal Psychology, originally made its debut in the late 1800’s. A Harvard Professor, Professor Munsterberg, introduced the idea of psychology and law with his book, On the Witness Stand in 1908. Since the inception of the idea of psychology and law there have been proponents, as well as though that have spoken against the theories proposed by Munsterberg’s, along with other scientists, theorists, and psychologists that believed that Forensic Psychology had no standing to be linked to topics of law. This literature review will attempt to identify scholarly articles that trace the origins and the movement that led to Forensics Psychology becoming a specialty within the field of psychology. I will also attempt to explain What is Forensic Psychology as well as the part it plays within the legal system.
The implausibility of the various methods of the detection of deception poses an immense threat to the innocent. When we apply these results to a defendant on trial, these "false results" can be extremely detrimental to the case. False results can possibly allow the guilty to be liberated and the innocent to become incarcerated. The only way we can apply these tests and use the results as court evidence is if we can make the testing procedures 100% reliable. But, as research shows us, because of the numerous influential environmental, psychological, social, and physiological factors that can damage the validity of the results, the test results will remain obsolete in the eyes of the court.
Forensic evidence can provide just outcomes in criminal matters. However, it is not yet an exact science as it can be flawed. It can be misrepresented through the reliability of the evidence, through nonstandard guidelines, and through public perception. Forensic science can be dangerously faulty without focus on the ‘science’ aspect. It can at times be just matching patterns based on an individual’s interpretations. This can lead to a miscarriage of justice and forever alter a person’s life due to a perceived “grey area” (Merritt C, 2010) resulting in a loss of confidence in the reliability of forensic evidence.
Using Forensic Psychology “Comes from the word "forensic" comes from the Latin word "forensis," meaning "of the forum," Where the law courts of ancient Rome were held” (ABFP). Having many different branches of forensic psychology in 2001 the American Psychological association named it a branch of clinical psychology. Forensic psychology is the study or practice of the law and expands to all aspects of law enforcement. Working closely with the court forensic psychologist is typically appointed to assess the client and their mental state, and determine the client sanity level before entering the court room.
However, the concept of excluding reliable evidence for reasons unrelated to the guilt of the accused is fundamentally flawed; disregarding the pursuit of truth and justice in the pursuit of principles far less honourable. The ‘misguided sentimentality’ of excluding illegally obtained evidence “regards the zealous officer of the law as a greater danger to the community than the unpunished [criminal]” . By failing to admit the databank profile of Mr Toki, society is adopting the illogical concept that we must burden the errant conduct of law officers by deliberately disregarding the guilt of the accused. This is a policy argument that is supported by the comments in Hansard “I firmly believe that the rights of the community and the rights of the country must come first.” In pursuit of the goal of protecting the community it is important to “increase the database’s size by adding more identified DNA profiles. This bill will facilitate the growth of the database and the resolution of unsolved