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False confessions research paper
Interrogation methods and if they should be allowed
Pros and cons about false confessions
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Therefore, false confessions have become so problematic that it is has been putting innocent individuals in danger of their freedom. As well, many wrongful conviction cases are viewed in the Innocence Project which “documents that approximately 25% of it’s cases of post-conviction DNA exonerations involved false confessions” (Henkel et. al., 2008, p. 556). If false confessions is such a big issue, why has anyone not study the ways to prevent them? Police-induced tactics are constantly used behind closed doors in interrogation rooms to coerce the individual to confess. Although, many jurors “do not view the use of minimization tactics used during interrogation as coercive” (Appleby, Hasel, & Kassin, 2013, p. 117). Thus, jurors can be unaware
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
``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.
Are everyday rituals, such as, facades reflected as to being a lie? Simply preparing for a meeting or interview does not come off as lying, although another type of façade such as when someone asks, “Are you okay,” after a death of someone close to you, in reality it is a form of a lie, because you are not being honest. In Stephanie Erricsson’s article “The Ways We Lie,” she discusses many different types of lying, that most wouldn’t even consider. Ericsson claimed, “But façades can be destructive because they are used to seduce others into an illusion” (409). Depending how a façade is used, the outcome can be beneficial or damaging. There are facades that are used to cover up one’s true feelings, in order to protect an individual and then there is a type in which one puts on a mask to cover up how awful of a person they are. Charity, a former friend, deceived me with the qualities of everything she was not, my mom is a great example of when it comes to hiding when she is saddened. In this article “The Ways We Lie,” Stephanie Ericsson has a great point of view on the destructiveness of facades, although, it can very well be used in a good way just as much as in a bad way, in fact, like my protective mother, using facades for mine and my sisters own good and then a conniving friend using facades in
(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
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...
False confessions are receiving more public attention now that people are speaking out about having to serve jail time for a crime they did not commit. 2015 was a year to remember for false confessions starting in January when a man was released after serving 21 years in prison. The protocols that interrogators are trained to follow are dangerous because they allow investigators to have complete influence on innocent people to make false confessions.
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
Skolnick, J. H., & Leo, R. A. (1992, January 1). The ethics of deceptive interrogation. Criminal Justice Ethics, 11(1). Retrieved from http://www.thefreelibrary.com/The ethics of deceptive interrogation.-a012396024
False confessions have always played a big part when it comes to flaws within the justice system. So many people are constantly found guilty, when in reality, they have done nothing wrong and are completely innocent. But a simple question remains. Why confess to a crime if you did not commit it? Many blame the Reid Technique. A technique used to question people who are thought to be guilty. But in fact the Reid Technique has been used for over 50 years, so if it does not work why are we using it? The Reid Technique is an ineffective way of interrogation if it is not done properly and the person conducting the interrogation does not oblige the strict steps.
...T. M. (1997). Can the jury disregard that information? The use of suspicion to reduce the prejudicial effects of retrial publicity and inadmissible testimony. Personality and Social Psychology Bulletin, 23(11), 1215-1226.
Eyewitness evidence is critical for solving a crime, and can often be the main source of evidence in determining who the perpetrator is. However, it is estimated that every year, approximately 4,500 wrongful convictions have happened in the United States alone, based on inaccurate or mistaken eyewitness testimonies. Studies have consistently shown that the leading cause for wrongful convictions is invalid eyewitness testimonies, as this has been a major source of convicting innocent people, who have been later proven innocent by forensic DNA.
...there has been research done about why and how false confessions are given, there has been little research done about how to improve this act. Research has shown that the period when false confessions occur is called the “Decision Zone”. This is a brief or prolonged period after the officer has read a suspect his rights but before the suspect has decided whether to waive or to invoke those rights (Morris, 2008). Morris argued that no such interrogation should take place within this zone. It has also been shown that most false confessions are given when the interrogator beginning questions in the decision zone. Because we know this information the criminal justice system should take it and fix this problem. Getting a confession out of a suspect may be there top priority as previously stated, but the confession should be given without any threats and without coercion.
The Indian Evidence Act does not define the term “confession”. In his book The Digest, Lord Stephen defined confession as- An admission by an accused from which an inference can be drawn that he has committed the crime. The Indian court relied on this definition for a long period of time which was later on modified by the Privy Council holding that only direct acknowledgment of guilt can be regarded as a confession.