Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Coercive interrogation pros and cons
Interrogation techniques essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Coercive interrogation pros and cons
Interrogations have guilt-presumptive, and hence the result is subject to biases due to behavioral and cognitive factors. The interviewers proceed from interviews to interrogations with only the objective of persuading the suspects to tell the truth. However, the suspects have the right to remain silent and seek counsel and are protected from harsh interrogations. The US Supreme Court requires the law enforcement officers to inform defendents their constitutional rights of remaining silent and seek an attorney if they want. The suspects should be interrogated only after they have knowingly and voluntarily waived their Miranda rights.
To begin the interrogation process, the interrogators should isolate the suspect in a soundproofed room. Interrogation
…show more content…
For instance, considering the case of Florida v. Cayward, the police manufactured laboratory reports to obtain a confession from the suspect (Cain, 2015). The Florida Second District Court of Appeal dismissed the case because the police infringed the rights of the suspect to obtain the confession. During the ruling, the jury reached the decision by taking into consideration the confidence entrusted by citizens to the police. The law enforcement agencies should demonstrate a high level of professionalism when performing their duties. The jury acknowledged the role of confessions in the criminal justice systems as it speeds up the process of conviction. However, the jury noted that the interrogators might be tempted to use illegal means to have the suspect confess to committing the crime. The public is on alert to observe any unlawful behavior by the law enforcement officers. Engaging in illegal deception tactics harms the respect that the citizens have on the criminal justice system (Cain, …show more content…
One of the components of Reid approach is training the interrogators to establish whether a suspect is lying or telling the truth by evaluating the nonverbal and verbal behavior during the interview. Many people question the effectiveness of interrogation training in assisting to discern truth from suspects. According Professor Richard Leo, people are poor in drawing accurate judgments of deception and truth (Leo, 2013). The behavior prompts used police are not diagnostic of deception, the investigators cannot differentiate false from truth denials of guilt, and yet they maintain they draw accurate
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 “The Interview” by Douglas Starr, He talks about the different techniques they use when interrogating suspects to determine whether the suspect is lying. One technique they use is called the Reid Technique and that is when
However, with every rule there also exceptions like: Maryland v. Shatzer, Florida v. Powell, and Berghuis v. Thompkins. Miranda Vs Arizona was a United States Supreme Court case in 1966. The court “ruled that a criminal suspect must make a knowing, intelligent, and voluntary decision to waive certain constitutional rights prior to questioning” (Ortmeier, 2005, 285). This ruling meant that suspects must be aware of their right to remain silent and that if they choose to speak to the police, the conversation can be used against them in a court of law. If they do decide to speak under police it must not be under false promises and or coercion.
Due to rising levels of danger along with the creation and utilization of new technology, the government of the twenty first century, are becoming more involved and protective similar to the government of Oceania in the book Nineteen Eighty Four by George Orwell. In the book Nineteen Eighty Four, the main character Winston Smith, commits acts that are not legal according to the government of Oceania. Winston commits crimes which include thinking bad things about the government of Oceania, or thought crime, plotting against the government of Oceania, and having sexual relations with a young woman named Julia. Eventually, Winston ends up getting caught by a hidden telescreen and two thought police informants. When Winston is caught, he is transported to a prison without being read rights, much less having any actual rights. While in prison Winston is deprived of food and sleep, received regular beatings, is brainwashed, and is tortured physically, mentally, and emotionally. This essay will show the reader what the modern day government of the United States of America does to its political prisoners and how this compares to the treatment of political prisoners in George Orwell’s book Nineteen Eighty Four.
The Central Park Jogger case is one of false confessions to a crime, with a little help from police, which the defendants did not commit. Evidence taken at the crime scene did exclude the defendants, however, because of videotaped confessions they were sentenced to prison for a crime they admitted to committing even though they did not. It was not until many years later did the original perpetrator step forward from prison to admit he was the one who committed the crime with evidence (DNA) and firsthand knowledge of the scene. The five original defendants were released from prison but until serving a lengthy term. There are cues that can be noticed when investigators are conducting preliminary interviews that have a very high rate of success in determining the guilt or innocence of an individual. Some of these cues may be verbal such as a rehearsed response (Kassin, 2005). Other types of cues may be nonverbal body language such as a slouching (Kassin, 2005).
If the suspect refuses his right to an attorney, they may begin questioning him. If he/she decides invoke their right to remain silent, the police may not question the suspect, however they may at a later time attempt to question him again.
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
The first appearance of the notion of silence or lack of silence occurs at the first presence of the criminal justice system: the initial meeting with a police officer. During the War on Drugs, it became common for police officers to stop and frisk people, including those without suspicious behavior, in search of drug violations. Although, not against the law, the majority of people do not know that they have the option of declining such a search and refuse to answer any questions. Professor Tracey Maclin conducted a study regarding this phenomenon concluding, “the overwhelming majority of people who are confronted by police and asked questions respond, and when asked to be searched, they comply. This is the case even among those… who have every reason to resist these tactics because they actually have something to hide” (Alexander 66). Therefore, the finding suggests that only a few people do not fear a supposed consequence of not abiding by a police officer’s request. Hence, people remain silent and do n...
As a result of the Miranda case, all persons detained by the police should be informed of four things before being questioned:
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...
The first step of the interrogation begins with direct positive confrontation. This is where the interrogator confronts the suspects in a manner that creates an understanding that there is evidence against them. This evidence may or may not be true but the evidence is exaggerated so that it i...
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
The United States Supreme Court, in Howes v. Fields, rejected a per se rule that questioning a prison inmate in a room isolated from the general prison population about events occurring outside the prison is custodial interrogation. The Fifth Amendment of the Constitution requires that a person in “custodial interrogation” be read Miranda rights, those rights which come from the case of Miranda v. Arizona. The Sixth Circuit affirmed, holding that a prisoner is in custody within the meaning of Miranda if the prisoner is taken away from the general prison area and questioned about events that occurred outside the prison. The Sixth Circuit held that the interview of Fields in the room was a “custodial interrogation” because isolation from the rest of the prison combined with questioning about allegation outside the prison makes such an interrogation custodial per se. The term “custody” refers to circumstances where the danger of coercion is present. A court will look to the objective circumstances of the interrogation to find whether a person is in custody. In order for statements made ...
Their actions can be deceiving. They manipulate people and situations, they coerce citizens, and are dishonest. They are encouraged and rewarded for their practices. Police officers often lie to suspects about witnesses and evidence. They are deceitful when attempting to learn about criminal activity. Most of these actions are sanctioned, legal, and expected. Although, police officers are allowed to be dishonest in certain circumstances, they are also required to be trustworthy, honest, and maintain the highest level of integrity. To perform their job effectively, police officers lie. They use deception, manipulation, and coercion to obtain information. Police officers often tell those suspected of committing crimes that they have physical evidence implicating the suspect when there is no such evidence. They tell suspects that they have witnesses who have identified or implicated the suspect, knowing full well the witness does not exist. Officers will tell suspects that a polygraph has shown that the suspect was lying when the officer knows that the polygraph did not indicate deception, or was inconclusive. Police officers will conceal their identity, and even deny that they are police officers while attempting to obtain evidence. Some of these practices are justifiable, others may create ethical concerns and some are beyond the law or ethical policing. Police officers abuse their power when they engage in