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Factors behind false confessions in legal cases
Factors behind false confessions in legal cases
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In this article, the authors examine how often false confessions occur by comparing the effects of age groups and reciprocity on individuals’ willingness to take the blame for another. It is very common that people who falsely confess to crimes are either mentally ill or adolescences. The authors in this article stated that “25 percent of U.S. Innocence Project’s DNA exonerations of wrongfully convicted individuals have involved false admissions of guilt.” This statistic was also backed up by modules six and seven that were discussed in the course. The problems with false confessions were hard to identify in the past because we did not have ways to identify DNA between two suspects like we have today. False confessing can contaminate how jurors can view evidence in a trial because they …show more content…
The test is stopped and each student is interrogated by the experimenters giving them three opportunities to confess by signing a statement. Before the students are interrogated, some are pulled to the side by a confederate and are asked to take the blame since the consequences are not as crucial for them. Before the participants can answer the confederate walks off leaving them with an unanswered question. This tactic leaves the participant in a sticky situation because now they feel that they have to help. The method of this study is to look at the two factors, which are age group versus reciprocity. The age groups were the adolescences that were younger than 18 and the adults who were older than 18. The primary dependent variables were whether the participants took the blame and whether the participants admitted to the confederates of cheating. When the interrogations were occurring, the experimenters explained why people may cheat on a test involving intelligence, the seriousness of the situation, and explained the consequences of the participants. The participants had the chance of losing their credit for the day which was far lesser than what the confederates have to
McCann, Joseph. “A Conceptual Framework for Identifying Various Types of Confessions.” Behavioral Sciences and the Law 16 (1998): 441-453. Web. 8 January 2014.
Strom, P., & Strom, R. (2007). Cheating in middle school and high school. Educational …..Forum,71(2), 104-116. doi:10.1080/00131720708984924
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...
Crime is a common public issue for people living in the inner city, but is not limited to only urban or highly populated cities as it can undoubtedly happen in small community and rural areas as well. In The Real CSI, the documentary exemplified many way in which experts used forensic science as evidence in trial cases to argue and to prove whether a person is innocent or guilty. In this paper, I explained the difference in fingerprinting technology depicted between television shows and in reality, how DNA technology change the way forensics evidence is used in the court proceedings, and how forensic evidence can be misused in the United States adversarial legal system.
(Kennedy & Haygood, 1992; Williams & Loftus, 1994), which is worrying considering the growing and substantial body of evidence from laboratory studies, field studies, and the criminal justice system supporting the conclusion that eyewitnesses frequently make mistakes (Cutler & Penrod, 1995; Huff, 1987; Huff, Rattner, & Sagarin, 1986; Innocence Project, 2009; Wells, Small, Penrod, Malpass, Fulero, & Brimacombe, 1998). According to a number of studies, eyewitness misidentifications are the most common cause of wrongful convictions (Huff, Rattner, & Sagarin, 1986; Wells et al., 1998; Yarmey, 2003) and, through the use of forensic DNA testing, have been found to account for more convictions of innocent individuals than all other factors combined (Innocence Project, 2009; Wells, Memon, & Penrod, 2006).
Even those who should have a clear sense of the an interrogation, fail to see the coercion brought upon the suspect that might lead to a false confession, and once a confession has been made, false or true, detectives or police terminates their investigation that could have found potential evidence to exonerate them. Once a confession is obtained, police tend to ‘‘close’’ cases as solved and refuse to investigate other sources of evidence (Leo and Liu) which is why such a high number of innocent people still remain behind bars. Across samples, police-induced false confessions were evident in between 15 and 25% in cases, making it one of the likely leading causes of wrongful conviction (Leo and Liu), but still juries disregard this evidence! Unfortunately, more cases like Rivers are out there. According to the Washington Post, the National Registry ha logged 1,733 exonerating cases of false confession. In one case, a man by the name of Ricky Jackson spent four decades for a crime he did not commit, only to be exonerated by DNA evidence after 40 years. To emphasize, few states, if any at all, courts provides information to the jury regarding how to assess voluntariness, nor do
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.
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.
Costanzo, M., & Krauss, D. (2012). Forensic and Legal Psychology: Psychological Science Applied to Law. New York: Worth Publishers.
...y had not committed. The 104 participants were paired up, one being the interrogator and the other being the suspect for a mock theft. Some of the suspects were to be labeled as “guilty” while others were labeled as “not guilty”. The interrogators had 10 minutes to as questions, and then report back to the judge their opinion and how confident their opinion was. The discoveries of the experiment showed that the interrogators with the innocent suspects were exerting more pressure for a confession then those who were guilty. Also, those innocent were found guilty more often than those who had committed the crime. This information is parallel with other data discovered during actual interrogations. Officers often presumed guilt before having enough evidence to prove it and when the interrogation is not going their way, they tend to try to coerce a confession.
As already mentioned, this paper’s goal is to provide a guideline for investigators to reduce false confessions. Although different approaches as to why people decide to give false confessions have been considered, they are just a few out of a range of reasons that could influence a person’s decision on pleading guilty. I only discussed those related to methods of interrogation and biases. However, there are others that are also important because they deal with corruption, economic compensation, and social pressure. Indisputably, there is a lot of literature that can provide more information about this conflictive issue. Additionally, an interesting topic for further research would be to investigate if besides social factors there are some biological elements that could lead people to give false confessions.
Greenfield, D. (2007). Introduction to forensic psychology. issues and controversies in crime and justice. Journal of Psychiatry & Law, 35(2), 201-201-204,105-106.
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.
In contrast, there’s people who have pondered the question why do kids cheat in school? Some students blame family, coaches and teachers for pressuring them to do better and maintain a C plus average (Maecovitz 70-71). Some kids cheat because they want good grades, but are too lazy or busy with work to take the time to study with the teacher or to learn the materials (D’Aray 1). Other students cheat because they don’t kn...
False confessions are a widespread and troubling issue occurring in the United States today. DNA testing has exonerated about 300 people in the United States and yet not a lot has changed (Innocence Project, n.d). Police often use interrogation procedures that include the usage of suggestibility, maximization, minimization and fabricated evidence with intentions to implicate guilty suspects. However, frequently innocent people along with people who are more susceptible to those procedures such as adolescents, the mentally ill, and people with specific personality traits often waive their Miranda rights and comply by providing a confession even if the confession is not true. In order to decrease the rate of false confessions, police