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Essay on false confessions
Essay on false confessions
Essay on false confessions
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One such case is, that of Engin Raghip of the so-called ‘Tottenham three’ will be discussed in the context of admissibility of psychological evidence in order to demonstrate how the judiciary has increasingly come to accept the psychological notion that most people, under certain circumstances, are susceptible to making false confessions. In order to better understand why people confess to crimes they have not committed, Kassin and Wrightman (1985) proposed a conceptual framework that divides false confessions in two main categories, voluntary or coerced. Voluntary false confessions are offered without any external pressure and coerced false confessions are elicited by the police.
According to the framework, voluntary false confessions result from one of the following: a morbid desire for notoriety, which is probably due to a personality disorder; inability to distinguish facts from fantasy, which is probably due to distorted thinking such as in schizophrenia; need for punishment, which is probably associated with depressive illness; hope
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for leniency; or a desire to protect the real perpetrator (Kassin and Wrightsman, 1985; Gudjonsson, 1993). Coerced false confessions are divided in two groups, compliant and internalized. Both are elicited by the police. As a result of coercive police interviewing or custodial setting, a coerced-compliant false confession occurs when a suspect gives up and falsely confesses in order to escape from a psychologically intimidating situation for some instrumental gain. The suspects might think they will be allowed to go home by confessing and the truth might come out eventually; they might be claustrophobic; they might have a drug addiction that needs feeding, or just want the interview to end (Gudjonsson, 1994). A coerced-internalized false confession occurs when suspects start to believe (internalize) their guilt whilst being interviewed by the police, despite having no recollection of committing the crime. For example, the suspect might have been heavily intoxicated at the time of the offence and come to distrust his or her memory and start to believe the police accusation (Gudjonsson, 1993). It has been pointed out (Gudjonsson, 2006) that there is some overlap between categories within the framework.
For example, a desire to protect the real perpetrator is not necessarily always voluntary – the false confessor might be pressured by other people to ‘take the blame’. Kassin (1998) suggested a modification of the model by adding the source of coercion. Whether internal, custodial or non-custodial. This typology categorizes different types of false confessions (voluntary, coerced-compliant and coerced-internalized) and distinguishes between the source of coercion (internal, custodial and non-custodial). Gudjonsson (2006) suggested replacing the word coerced with the word pressure and not to use it when there is no sign of pressure. For example, the confession of a man who walks into a police station and confesses to a high profile murder which he did not commit would be classified as voluntary and internally
motivated. Although we can describe different psychologically distinct false confessions, it is difficult to evaluate the frequency with which they occur. Methodological issues make it difficult to establish how often they do happen because it is impossible to establish what proportions of confessions are false. The studies that have been conducted give us some idea of how common they are. In a study of more than 250 cases of wrongful conviction for murder and rape in America, where post-conviction DNA had established the innocence of the person, pointed out that 40 (16%) of them had confessed. In a comprehensive study using a different methodology, Sigurdsson and Gudjonsson (1996) demonstrated that the rate of false confessions appears to
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).
Why do people feel they need to lie when under pressure? lying is a way to falsify the truth by creating entities or situations that cover the truth. In this case Jay’s wild had gave police information on the syed case in 1999. However recent information provided in a 2015 interview does not match the information given to police in 1999. Jay essentially lied to police but not supplying them with the real information. People feel the necessity to lie while under pressure because of their image,responsibilities,and fear of consequences.
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...
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
...igations today has a huge impact on false confessions. The Reid Technique is being criticized in the media because of its guilt-presumptive, aggressive, and psychologically manipulative nature. It is based on a series of assumptions that lack scientific support, and by using it they are creating hostile and coercive environment for the interrogation. The fact that they try to pass these confessions off as voluntary should also be an issue against using them since we know they are usually coerced. There are two alternatives to the Reid technique being used to interview suspects. These do not use coercion and manipulation to get confessions. The first is the PEACE Model, which is an interview technique that is more ethical, and the other technique is Cognitive interviewing which is used by police as a memory technique used to enhance the retrieval of their memory.
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.
Among various arrests, people who are put in jail or prison due to their confession must make them a proven criminal, right? Unfortunately, not everybody who confesses to a crime is in fact guilty. A false confession is an act of confessing to a crime that the confessor didn’t commit. That creates a conflict involving the individual being accused and the trust towards police interrogation. For instance, after nearly eight years in prison, Nicole Harris sued eight Chicago police detectives, alleging that they coerced her confession (Meiser Para.2) The police detectives incorrectly informed Harris in failing “the polygraph test” indicating that she lied about not committing the murder of her son, Jaquari Dancy (Meiser). She felt that there was
...expert testimony in assessing the reliability of disputed confessions. The reason people make false confessions is typically due to a combination of factors such as psychological vulnerabilities, nature of the custodial confinement and the police interviewing tactics. Standardized psychological tests have been devised in order to assess personality factors such as suggestibility and compliance that render some people more vulnerable than others but these should never bee looked at in isolation. Studies indicate that reported cases are only the ‘tip of the iceberg’. It appears that young people are particularly vulnerable and often make false confessions in order to protect others. It is not only people with learning disability or major mental illness´ that are susceptible to make false confessions; depending on the context, anybody can.
Hodgson, Jacqueline. "Adding Injury to Injustice: The Suspect at the Police Station." Journal of Law and Society Mar. 1994: 85-101. Academic OneFile. Web. 15 Feb. 2015.
...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.
Smolowe, Jill. "Untrue Confessions: Mentally impaired supsects sometimes make false admissions. Is Girvies Davies about to die for one?" Time V 145 (22 May 1995): 51-52.
‘Judges, lawyers and psychologists believe it to be just about the least trustworthy kind of evidence of guilt, whereas jurors have always found it more persuasive that any other sort of evidence’ Brown (1986)
In the court of law, confessions are very important. Not only could it crack a case, but also result in a fair trial as well. The type of confession consist of, but not limited to the following: coerced and compliant false confession (Hritz, Blau and Tomezsko, 2010). Both confessions are different in their own ways and have the ability to affect the overall outcome of a case. Coerced confessions, for example, is when a confession is forced by the law enforcement and force a person to confess for a crime he or she didn’t do with intention to inflict harm (“False and Coerced Confessions,” 2016). A police officer who is involved with
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.