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Essay false confessions
True crimes false confessions
False Confessions and Miscarriages of Justice
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Section One: False Confessions
Introduction
The criminal justice system identifies a false confession as a written or oral statement in which an individual falsely admits to being guilty of a crime. In recent years, several cases have surfaced in which an innocent individual had falsely confessed to a crime (Frumkin & Lamendola, 2009). The consequences of these false confessions often result in innocent people being convicted of crimes that they have not committed (Schell, 2011). The case to be explored within this paper is the wrongful conviction of George Allen Jr., which will be discussed later on. False confessions can be encouraged through coercion, mental disorder, or incompetency of the accused. Although false confessions may appear to be an extraordinary and unlikely occurrence, they occur regularly in case law (Kassin, Appleby & Perillo, 2010).
Types of False Confessions
To this day, there are five different types of false confessions. These include voluntary false confessions, coerced-compliant false confessions, coerced-internalized false confessions, coerced-reactive false confessions, and coerced-substituted false confessions (Frumkin, 2010). The types of false often overlap one another; however they all have unique properties that distinguish them from one another.
Kassin and Wrightsman describe three of the five false confession types. The first is the voluntary false confession; this confession is given without any pressure from police. An innocent person willingly goes to the police to falsely confess to a crime. The individual falsely confesses for one of three reasons; because of their morbid need for notoriety, to protect a friend or relative, or a pathological need to be punished (Kassin & Wrightsman, 1985)...
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...e techniques detectives are using to obtain confessions (Gudjonsson, 2003).
In order to decrease the amount of innocent people being incarcerated due to false confessions, methods of interrogation need to be taken into consideration and modified based on how that interrogation technique obtains a confession. New interrogation techniques need to show suspects that they do not need to provide a false confession to be able to go home (Gudjonsoon, 2003). There are various types of false confessions that need to be taken into consideration when modifying interrogation techniques, as they all have their own unique properties that allow them to differ from one another (Kassin, Appleby & Perillo, 2010). It is clear that false confessions seem unlikely to most people, but society needs to accept that they occur frequently in case law and therefore need to be taken seriously.
In a handful of occasions such as in an interrogation it seems reasonable enough to lie to an individual in order for them to confess to a crime. A case law that shows this was Frazier v. Cupp in which according to Police Link, “ The case involved the interrogation of a homicide suspect who was falsely told that an accomplice had already implicated the suspect in the killing.” In the case of Frazier v. Cupp kept on getting integrated even after he asked to speak to a lawyer so as a result he ended up doing a written confession where he confessed about being part of the murder that was later used as evidence against him.
McCann, Joseph. “A Conceptual Framework for Identifying Various Types of Confessions.” Behavioral Sciences and the Law 16 (1998): 441-453. Web. 8 January 2014.
In “The Truth about Lying” Judith Viorst explains the four different kinds of lying. She categorizes lies as social lies, peace-keeping lies, protective lies, and trust-keeping lies. Social lies are lies that are “acceptable and necessary”, they are the little white lies most people use all the time. Peace keeping lies are told when the liar is trying to protect themselves from getting in trouble or causing any conflict. The protective lies are far more serious, are often told because of fear that the truth would be “too damaging” for the person being lied to. Lastly, there are the trust keeping lies, which are lies in which the liar is lying for a friend in order to keep a promise. Viorst finds that most of these lies, while some are more acceptable than others, are necessary and she can understand them.
Lying is an issue that has been debated on for a long time. Some people believe that lying is sometimes ok in certain circumstances. Some people believe lying is always acceptable. In contrast, some believe lying is always bad. Keeping all other’s opinions in mind, I believe that lying is a deficient way of solving problems and is a bad thing. I claim that only certain situations allow the usage of lies and that otherwise, lying is bad. Dishonesty is bad because it makes it harder to serve justice, harms the liar individually, and messes up records. Furthermore, it should only be said to protect someone from grave danger.
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...
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.
Sometimes people create false confessions on their own without tampering from the police. “In the jogger case, four of the teens made incriminating admissions, but their descriptions of the attack were incomplete, inaccurate and, at times, contradictory. Investigators who reviewed the case were careful not to suggest wrongdoing or coercion on the part of the police”(Tyre). The police did their job, but “the teens were simply telling the police what the cops wanted to hear”(Tyre). In these situations, some people would prefer not spending hours and hours being interrogated and would rather just have the case settled, even if it not the truth. "A third of people who confess to crimes didn 't do it and incriminated themselves without physical coercion by police"(Slobodzian). This also means majority of those who produce false confessions did not think up the idea on their own. Police brutality during interrogation is still happening, though some are lucky not to experience
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.
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
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
The case of Miranda v. Arizona (384 U.S. 436 [1966]) is one of the most important cases in history. It brought about prominent rights that are still existent today in 2015 regarding interrogations and custody. The results of this case are still seen in the current criminal justice system. However, even though the rights that were given to the system by the court, there are still instances today in which these Miranda rights are violated. The concept of Miranda has evolved a lot from a court case to a code used by law enforcement during custodies and investigations.
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
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
In order to better understand why people confess to crimes they have not committed, Kassin an...
Honesty is a characteristic that everyone should possess. However, being honest is a difficult task for many people. Living honestly means allowing a person’s true self to be exposed to others. Honesty is considered owning up to one’s wrongdoings and not lying, cheating, or stealing. Being honest is a trait that many people believe is obsolete. Even though every person interprets honesty differently, it all stems back to telling the truth. Being honest allows a person to earn respect from their peers. Honesty is allowing oneself to be completely exposed by being truthful.