Abstract
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
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The types are voluntary, coerced-complaint confession and coerced internalized false confessions. Although there are three types of false confessions, some research points to the fact that these three types of false confessions can be put into two broader categories, confessions without coercion and confessions in response to coercion (McCann, 1998).
In a voluntary false confession the person confesses without any external pressure. There are a variety of reasons as to why someone may make a voluntary false confession. As Kasin et al. (2010) explains some people may confess because of a pathological desire to be infamous for a case, which often happens in high-profile cases, an unconscious or conscious need for self-punishment, an inability to distinguish fact from fantasy, or a desire to protect the perpetrator. Kasin et al. (2010) also states that the desire to protect the real perpetrator of the crime is the most prevalent reason for false admissions. People make false confessions for a variety of reasons that may seem odd to some, take for example a case where a man made a voluntary false confession to impress his girlfriend and another case where a man confessed to a
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).
McCann, Joseph. “A Conceptual Framework for Identifying Various Types of Confessions.” Behavioral Sciences and the Law 16 (1998): 441-453. Web. 8 January 2014.
Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Discuss.
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...
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
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.
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
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.
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,
Your brother is without a doubt a pathological liar and a narcissist who does not seem to care what effect his malicious actions have. And I respectfully ask you do some research on narcissism and see for yourself that's exactly what your brother suffers from.
...005). Lying and cheating: Fraudulent excuse making, cheating, and plagiarism. The Journal of Psychology, 139(6), 485-494.
Telling the truth teaches one person self- respect for themselves and others as well. Telling the truth also sets a good example for others to do the same thing and make a “chain reaction”. People can make a “chain reaction” by passing on what they have done from one person to another, and before you know it, everyone is changing greatly, and the world is progressing tremendously. Lies are told all around the world, and they are told every day. One lie can often lead to another lie and cause you to be caught up in one big lie that will be hard to get out of if people do not tell the truth. If a person thinks that is okay to lie, they better think again, the truth always comes out no matter how hard a person tries to keep it in, or how much someone thinks that they can get away with lying. No person can keep in or hold a grudge with what they have done. After all, telling the truth is the right thing to do, and everyone should do it. Telling the truth is always much easier than the trouble of a