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Wrongful convictions topics
Issue with wrongful convictions
Issue with wrongful convictions
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Throughout the criminal justice system, many errors and shortcomings have arisen. Major shortcomings are apparent in conducting investigations, reliability of eyewitnesses, interrogation techniques, and the inaccuracy of the jury system. Throughout the book, Dan Simon makes a clear argument by citing cases that were solved incorrectly due to one of these four shortcomings. DNA exonerations have revealed that some cases that seemed so simply due to witness identification or confession of guilt were mishandled, and therefore the incorrect person was incarcerated. A major shortcoming in criminal investigations involves confirmation bias. Simon begins to discuss investigations by saying that investigations are solved by gathering hypothetical …show more content…
scenarios and discarding scenarios that are not supported by evidence. Confirming a scenario is the basis for investigations and solving crimes. The basis of the conformation bias is that by providing a hypothetical explanation for an imagined scenario, it strengthens the belief in the likelihood of its occurrence (23). In police investigations this can be critical because in some cases, officers that found evidence that supported a preliminary hypothesis, judged the evidence to be stronger than evidence that disconfirmed the previous hypothesis. This can be harmful in a criminal investigative setting. Also, some eyewitness identifications were considered stronger and more reliable when they supported the investigation’s hypotheses. The same can happen with fingerprint analysis and other investigative aids. Confirmation biases create “tunnel vision”, or the inability to accept other hypotheses. This bias is most prevalent when the evidence is ambiguous. Police investigations can be swayed for many reasons including confirmation biases which can compromise the validity of investigations. Eyewitnesses can be crucial to solving cases, but how many of these eyewitnesses identification statements are actually reliable?
A variety of factors can play into the strength and accuracy of an eyewitness account of a memory. Distance and illumination can play a role in the strength of a memory. For example, urban areas with bad streetlights have no better visibility than simply moonlight. The duration of exposure can also affect the strength of the memory. Somewhat obviously, briefer exposure results in lower the accuracy of the memory, and longer exposure results in a more accurate identification. However, in most cases, people tend to exaggerate the length of their exposure. This creates an unrealistic notion of accuracy, which can be harmful for the investigation. Stress while witnessing a criminal event can harm the quality of the memory as well. Presence of a weapon is one of the most significant sources of stress because most likely the witness will be too focused on the weapon to identify key facial features in the perpetrator. Although witness identifications are one of the most crucial aspects of criminal investigations, the accuracy of these identifications are a major shortcoming of the criminal justice process. False confessions during stressful interrogations can create problems of accuracy in criminal investigations. Usually, interrogations are done when the investigators believe that the suspect is guilty. Most interrogational techniques involve coercing subjects to alter their perception of their situation regardless of their true guilt. The longer the interrogation is, the more likely the interrogator is to get a false confession. The interrogation techniques used in the American criminal justice system could be linked to the occurrences of false confessions, which harm the effectiveness of the system
greatly. Criminal trials are the central aspect of the American criminal justice system. Biased testimonies can sway the opinions of the jury and create a false sense of accuracy. Witnesses are usually portrayed as neutral, but in most cases, defendants who testify are motivated to save themselves from punishment. Victim-witnesses are also motivated to see the perpetrator suffer punishment. Groupthink in law enforcement personal can affect motivation as well. Witness preparation in particular can sway testimony. Lawyers usually prepare witnesses before the trial to promote his/her client. In most cases, the testimonies of witnesses are taken into full consideration by the jury, although there could be multiple motivating factors pushing for a certain outcome, which is a major shortcoming of the jury process. The criminal justice system in America has major shortcomings are apparent including conducting investigations, reliability of eyewitnesses, interrogation techniques, and the inaccuracy of the jury system. Throughout the book, In Doubt, Dan Simon cites cases that were solved incorrectly due to one of these four shortcomings. DNA exonerations have revealed that some cases that seemed so simply due to witness identification or confession of guilt were mishandled and therefore the incorrect person was incarcerated. Most of these issues stem from the fact that human motivations and beliefs can be changed through psychological issues.
As a result of Ford’s threatening interrogatories, the four suspects made a false confession, in which they stated that they committed the murder. The tight, dark room and the long time the interrogatories took made the four men subject to Ford’s psychological abuse and falsely confessed. Most of them said that they told him what he wanted to hear. The author Chapman (2013) argued that, “psychological research is applied to interrogation, the result can be that the officer already believes that the suspect committed the crime and is not likely to take no as an answer,” (p.162).
In order to incriminate Danial Williams, Joseph Dick, Eric Wilson, and Derek Tice with the rape and murder of Michelle Moore-Bosko, Detectives Maureen Evans and Robert Ford conducted long, grueling interrogation sessions using many provocative and manipulative tactics. Throughout this process, Ford and Evans coerced the suspects into renegotiating their perception of the crime until an entirely new reality was created. This new reality evolved as the police elicited additional confessionary evidence to account for each new piece of physical evidence from the crime scene. Eventually, in an iterative process that had police editing their theories of the crime and then forcing the suspects to claim this new reality as their own, the reconciled reality of the crime became one that was consistent with both the criminal evidence and the suspects’ new perception. An analysis of empirical m...
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 RAND Study merely discontinued facts that are discovered by detectives through precise investigations and seemed to articulate that the responding officer could ascertain such important information without the assistance of a detective or a lengthy investigation being conducted. The RAND Study defined detectives as people that could put a case file together for prosecution and hand it over to the district attorney (Hoover, 2014). This theory eliminated
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.
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.
After reviewing the article “Inside Interrogation: The Lie, The Bluff, and False Confessions”, it became very evident the huge problem with interrogations and false confessions in the criminal justice system is with false confession. Jennifer T. Perillo and Saul M. Kassin crafted three distinct experiments to try and better understand false confessions and how trues the actual numbers in real life are. What Perillo and Kassin were trying to prove is that “the bluff technique should elicit confessions from perpetrators but not from innocents” (Perillo, Kassin 2010). What is called the “Bluff Technique” is an interrogation technique that uses a sort of threat or hint that there is certain proof that a person will think is more of a promise for
Another factor associated with wrongful convictions is eyewitness misidentification. The Innocence Project identifies eyewitness misidentification as the single most important factor leading to wrongful convictions. Eyewitness misidentification is often an error due to witnesses being under high pressure, witnesses focusing on the weapon more than the offender, and police procedures when receiving an identification statement from a victim. A study
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
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
There has been considerable debate worldwide, regarding the accuracy of eyewitness testimony in the criminal justice system. Particularly, arguments have surrounded wrongful convictions that have resulted from incorrect eyewitness evidence (Areh, 2011; Howitt, 2012; Nelson, Laney, Bowman-Fowler, Knowles, Davis & Loftus, 2011). The purpose of this essay is to consider psychological research about the accuracy of eyewitness testimony and its placement in the criminal justice system. Firstly, this essay will define how eyewitnesses and their testimonies are used within the criminal justice system and the current debate surrounding its usage. Secondly, the impact of post-identification feedback will be used to show the affect on the confidence of a witness. Thirdly, studies around gender related differences will show how a witnesses gender can affect memory recall and accuracy. Fourthly, empirical studies will be used to highlight how a psychological experience called change blindness can cause mistakes in eyewitness identification. Finally, the effect of cross-examination will be used to explore the impact on eyewitness accuracy. It will be argued, that eyewitness testimony is not accurate and highly subjective, therefore, the criminal justice system must reduce the impact that eyewitness testimony is allowed to have. Developing better policies and procedures to avoid wrongful convictions by misled judges and jury members can do this.
Due to Münsterberg’s previous work he was invited by the then Idaho governor to forensically test Harry Orchard, a person on trial for the murders of eighteen people (Fancher & Rutherford, 2012). During a period of seven hours Münsterberg tested Orchard using a variety of devices he used in his own laboratory. After the testing was complete, Münsterberg was positive Orchard was being honest regarding his crimes and those who were also involved (Hothersall, 2004). Unfortunately for Münsterberg, he was met upon his arrival home by a particularly aggressive reporter who was able to discover the results of Orchard’s testing. The reporter published the test results before the trial was finished and raised the anger of lawyer’s across the nation for interfering with the judicial process (Fancher & Rutherford, 2012).
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,
Today’s justice system is broken and flawed, with a history of falsely convicting innocent people due to a variety of things, including eyewitness misidentification, invalid or improper forensic testing, and even racial bias on the jury. Many wrongful convictions happen as a result of a combination of these things, and other causes can contribute in each individual case (“causes”). Countless people throughout history have been punished for crimes they did not commit, and with recent advancements in DNA testing bringing about hundreds of exonerations of the wrongfully convicted, one has to wonder how many innocents have languished in prisons throughout history. With all the flaws and potential for error in our courtrooms today, justice can not be brought about by our current system; in order to repair it, we need governmental reform to promote true equity and prevent future miscarriages of justice.
The criminal investigation process is able to achieve justice to a great to a great extent. They are effective in achieving justice, as they are able to balance the rights of the victim, offenders and society and also provide fair and just outcomes. For these reasons, the criminal investigation process is largely able to achieve justice.