There are several reasons to why people falsely confess to crimes. This will include different analysis from studies carried out by criminal psychologist in order to understand why certain people are prone to falsely confessing to crimes. There are different characteristics to understanding why people confess falsely confess to crimes such as; individual differences, personal and situational factors, and Ethnicity. This essay also aims to identify what leads certain individuals to confess to crimes they did not commit even when the crime can lead to long term prison sentence. Experts within this field suggest that blind eye of justice greatly adds to the reasons to which people still falsely confess to crimes whether it be the law enforcement investigator who continues to pressure a suspect or often times an overzealous prosecutor who refuses to accept that the confession does not march the facts of the case and many reasons.
Through history we understand that a confession was treated as a conviction. The use of physical torture was very rampant and was used as a means to extract confessions, and at that time all confessions were routinely admitted into evidence without question. However, gradually over the centuries, the status of confessions in the legal system shifted from the courts’ limiting the acceptability into evidence of ordinary confessions in the mid-1700s, to totally excluding compelled confessions by the mid to late 1800s. The main purpose of this essay is to examine and understand why innocent people sometimes confess to crimes they did not commit. This essay will also be looking into factors that coerce innocent suspects to give false statements and confess to crimes they did not commit during police interroga...
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In conclusion there are numerous ways of understanding why people falsely confess to crimes. The police and other investigatory agencies play significant roles in prompting false confessions. As research in this essay has shown, individual differences, stereotypical threats, personal and situational factors can lead to reasons why false confessions occur. The ways in which police and other law enforcement agencies investigative certain suspects must make sure that the conditions in which suspects are placed in does not give suspects reasons to falsely confess. The different ways mentioned in this essay in understanding why people falsely confess to crimes have great potential in improving legit contributions to improving criminal justice practice, as they can help reduce the number of suspects who are put in these predicaments to testify truthfully.
Garrett, B. L. (n.d.). The Substance of False Confessions. Criminal Justice Collection. Retrieved November 23, 2010, from find.galegroup.com.uproxy.library.dc-uoit.ca/gtx/retrieve.do?contentSet=IAC-Documents&resultListType=RESULT_LIST&qrySerId=Locale%28en%2C%2C%29%3AFQE%3D%28su%2CNone%2C28%29%22Wrongful+Convictions+%28Law%29%22%3AAnd%3ALQE%3D%28RE%2CNone%2C3%29ref%24&sgHitCo
McCann, Joseph. “A Conceptual Framework for Identifying Various Types of Confessions.” Behavioral Sciences and the Law 16 (1998): 441-453. Web. 8 January 2014.
This paper will consider eye witness testimony and its place in convicting accused criminals. Psychology online (2013) defines “eye witness testimony” as a statement from a person who has witnessed a crime, and is capable of communicating what they have seen, to a court of law under oath. Eye witness testimonies are used to convict accused criminals due to the first hand nature of the eye witnesses’ observations. There are however many faults within this system of identification. Characteristics of the crime is the first issue that will be discussed in this paper, and the flaws that have been identified. The second issue to be discussed will be the stress impact and the inability to correctly identify the accused in a violent or weapon focused crime. The third issue to be discussed is inter racial identification and the problems faced when this becomes a prominent issue. The fourth issue will be time lapse, meaning, the time between the crime and the eye witness making a statement and how the memory can be misconstrued in this time frame. To follow this will be the issue of how much trust jurors-who have no legal training-put on to the eye witness testimony, which may be faltered. This paper references the works of primarily Wells and Olsen (2003) and Rodin (1987) and Schmechel et al. (2006) it will be argued that eye witness testimony is not always accurate, due to many features; inter racial identification, characteristics of the crime, response latency, and line up procedures therefore this paper will confirm that eyewitness testimonies should not be utilised in the criminal ju...
The Central Park Jogger case is one of false confessions to a crime, with a little help from police, which the defendants did not commit. Evidence taken at the crime scene did exclude the defendants, however, because of videotaped confessions they were sentenced to prison for a crime they admitted to committing even though they did not. It was not until many years later did the original perpetrator step forward from prison to admit he was the one who committed the crime with evidence (DNA) and firsthand knowledge of the scene. The five original defendants were released from prison but until serving a lengthy term. There are cues that can be noticed when investigators are conducting preliminary interviews that have a very high rate of success in determining the guilt or innocence of an individual. Some of these cues may be verbal such as a rehearsed response (Kassin, 2005). Other types of cues may be nonverbal body language such as a slouching (Kassin, 2005).
The act of interrogation has been around for thousands of years. From the Punic Wars to the war in Iraq, interrogating criminals, prisoners or military officers in order to receive advantageous information has been regularly used. These interrogation techniques can range from physical pain to emotional distress. Hitting an individual with a whip while they hang from a ceiling or excessively questioning them may seem like an ideal way to get them to reveal something, but in reality it is ineffective and . This is because even the most enduring individual can be made to admit anything under excruciating circumstances. In the Fifth Amendment of the Bill of Rights there is a provision (“no person shall be compelled in any criminal case to be a witness against himself” ) which reflects a time-honored common principle that no person is bound to betray him or herself or can be forced to give incriminating evidence. This ideology of self-incrimination has been challenged heavily over the past s...
Depending on what study is read, the incidence of false confession is less than 35 per year, up to 600 per year. That is a significant variance in range, but no matter how it is evaluated or what numbers are calculated, the fact remains that false confessions are a reality. Why would an innocent person confess to a crime that she did not commit? Are personal factors, such as age, education, and mental state, the primary reason for a suspect to confess? Are law enforcement officers and their interrogation techniques to blame for eliciting false confessions? Regardless of the stimuli that lead to false confessions, society and the justice system need to find a solution to prevent the subsequent aftermath.
According to “Sleep Deprivation and False Confessions” and “False Confessions to Police and their Relationship with Conduct Disorder, ADHD, and life adversity,” it tackles on the causes of false confessions and who is more prone to such factors. Based on “The Role of Deception” and “How the Police Generate False Confessions: An Inside Look at the Interrogation Room” by Trainum, James L, it focuses on the methods police interrogators use to coerce a false confession. Lastly, ways to prevent false confessions from recurring will be recommended through “Miranda Rights Comprehension in Young Adults with Specific Language Impairment,” “Miranda Rights and Wrongs: Matter of Justice,” and “Police-Induced Confessions: Risk Factors and Recommendations.” Due to these reasons, the modern justice system needs to be updated and enforced to avoid similar cases of coerced false
Many of today’s interrogation models being utilized in police investigations have an impact on false confessions. The model that has been in the public eye recently is the social psychological process model of interrogation known as the “The Reid Technique.” There are two alternatives used by the police today to replace the Reid Technique, one is the PEACE Model and the other is Cognitive Interviewing. These methods are not interrogation techniques like Reid but interview processes.
Winfree, T., & Abadinsky, H. (2nd Ed.). (2003). Understanding Crime: Theory and Practice. Belmont, CA: Wadsworth publishers.
In situations when a high profile case is public, police investigators undergo amounts of severe pressure to convict a suspect and is often led to convict the first suspect who is involved. Pressure from victims, the community, media and police supervisors often induce speed as the overriding factor when investigating a case. Police officers have human tendencies when trying to reach the overall goal of justice when solving a case. Tunnel vision is often the result of police officers having a narrow theory towards a suspect, drawn to conclusions about who is responsible early and disregarding evidence that points to the suspect as innocent.
... court, there are only two choices for their fate: confess to a false crime and spend time in jail for it, or don't confess and face either torture until you confess or your execution. It is a lose lose situation. This is true for every person who is tried in front of the court. People became fearful of this and they could do nothing but accuse everyone they can in order to prevent accusation of themselves.
The main purpose of this article is to look at the possible link between race and exoneration, and how race and wrongful convictions lead to the exonerations. There were three reasons that the authors chose this topic to research. The first reason was the research previously done in the field show racial biased in the criminal justice system. This paper looks at how that effects wrongful conviction and the subsequent exoneration. The second reason is because if there is an innocent person in prison that means that the real culprit is still out there, and more than likely committing more crimes. The third reason is racial composition of the dyad, victim and the perpetrator. This article is the first to mention the dyad and the authors focus on that in their discussion of wrongful conviction. This article is a very insightful look at the problem of the racial bias in the system that leads to wrongful conviction and how that leads to exoneration. It effectively explains the causes of wrongful convictions and how race affects those causes, especially how the dyad is incorporated in it.
Leo, R and Ofshe R. The Social Psychology of Police Interrogation: The Theory and Classification of True and False Confessions. 16 Studies in Law, Politics and Society 189,
In today’s society, one will find that there are many different factors that go into the development of a criminal mind, and it is impossible to single out one particular cause of criminal behavior. Criminal behavior often stems from both biological and environmental factors. In many cases criminals share similar physical traits which the general population do not usually have. For example criminals have smaller brains than properly adjusted individuals. However biological reasons cannot solely be the cause of criminal behavior. Therefore, one must look to other sources as to how a criminal mind is developed. Social and environmental factors also are at fault for developing a person to the point at which they are lead to committing a criminal act. Often, someone who has committed a violent crime shows evidence of a poorly developed childhood, or the unsuitable current conditions in which the subject lives. In addition if one studies victimology which is the role that the victim plays in the crime, it is apparent that there are many different causes for criminal behavior. Through the examination of biological factors, in addition to the social and environmental factors which make up a criminal mind, one can conclude that a criminal often is born with traits common to those of criminals, it is the environment that exist around them that brings out the criminal within them to commit indecent acts of crime.
If we are to be truly innocent and humble beings, we must recognize our own innate guilt as human and accept it. If we do not, we will constantly be obsessed by our “state of apparent acquittals”. Kafka, Franz. A. The Trial. Trans.