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False confess cases
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Being put in front of a Judge for a crime you did not commit, is something that happens too often. In fact, it happens so much that non-profit organizations such as “The Association in Defense of the Wrongly Convicted (AIDWYC) to identify, advocate for, and exonerate individuals who have been convicted of a crime. Influences on wrongful convictions are predominantly initiated by eyewitness misidentification and false confessions. Misidentification and False Confessions cripple the criminal justice system as it relies on the honesty of all parties involved. These miscarriages jeopardize a defendant’s image, as in the case of Jack White.
Jack White’s AIDWYC case is just one example of many innocent people who were wrongfully convicted due to
He always retained his innocence and did not give up the fight. After numerous times trying to have his conviction overturned, he final broke some ground in 1999, where the board ruled that there was “overwhelming evidence” and ordered that jack be reinstated as a consoler at Huronia and given pay back. However his criminal record could not be overruled. It was until May 2009 when the AIDWYC stepped in to help Jack’s exoneration. The Court of Appeal agreed they Jack had suffered a failure of justice, and due to substantial evidence and granted Jack a new fair trail. Jack would ultimately win this new fair trial as the Crown prosecutor withdrew charges because there was no reasonable prospect of conviction”.
This 17 year long process Jack had been subjected to was all caused by a false confession. For over half his life Jack had to deal with such tragedy, day in and day out. Although other reasons such as his lawyer’s incompetence rose, the main source of this suffering was owing to Wither and his dishonesty before the
This first article titles “False confessions and individual differences: The importance of victimization among youth” and the second “ False confessions to police and their relationship with conduct disorder, ADHD, and life adversity” share similar values in terms of false confessions. The methodologies used behind both articles were consistent as they shared similar researchers. Both studies took place in Iceland were approximately eleven thousand participants were analyzed. The first article depicts a correlation between false confessions’ during custodial interrogations and the history of victimization among young persons. It was evident to researchers that the main motives were to protect a peer and avoid police pressure. The findings in this article provide strong evidence of the correlation between being a victim of and outside pressure and giving a false confession. It is apparent that the participants are solely focused on their avoidance with the police at the time and not the end result of their false confessions. These confessions are taken seriously as investigators rely on them tremendously and can untimely result in a wrongful conviction. From a young age we can see students partaking in the act of false confessions in minor school offenses. In both articles participants were given questionnaires
The AIDWYC, led by James Lockyer, looked into Baltovich’s case and found numerous problems that were involved in the court proceedings. Two of the biggest problems that they encountered were the reliability of the testimonies from the witnesses, which led the jury to rely too much on information that had a high chance of being false, and the bias point of view of the judge, which led other jury members to follow along with the judge instead of making their own decisions. Many of these issues were brought to the attention of the Ontario Court of Appeal.
In December, 2011, two years after the unpleasant homicide of Wayne Boyce, the evidence collected for this particular crime suggested Prima Facie existing in the allegations made. The case then went to trial in the NSW Supreme Court of Australia. Where A 19 year old teenager referred by the initials of his name AH as he was a juvenile, pleaded guilty towards the manslaughter of Mr Wayne Boyce, 23 years of age.
...t his the evidence in front of a jury. Still believing in his innocence Jeff is filing for parole after fourteen years of eligibility. He is hoping to meet parole board criteria so he can be released on parole.
After Truscott’s lawyers argued to prove his innocence at the Ontario Court of Appeal, on August 28th 2007 after approximately 48 years of living as a convicted murderer Steven Truscott was finally acquitted of the murder (Roberts). He received the news from a phone call with his lawyer while he was on Highway 401 in which they told him, “You are free. No more - no more parole. You’ve been acquitted by the court” (Swan 140). With that being the verdict, they formally apologized and stated that what happened to Truscott was in fact a “miscarriage of justice” (Timeline of the Truscott Case Truscott Timeline).
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
``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.
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...
If that does not occur to the reader as an issue than factoring in the main problem of the topic where innocent people die because of false accusation will. In addition, this book review will include a brief review of the qualifications of the authors, overview of the subject and the quality of the book, and as well as my own personal thoughts on the book. In the novel Actual Innocence: When Justice Goes Wrong and How to Make It Right authors Barry Scheck, Peter Neufeld, and Jim Dwyer expose the flaws of the criminal justice system through case histories where innocent men were put behind bars and even on death row because of the miscarriages of justice. Initially, the text promotes and galvanizes progressive change in the legal
There were three main issues behind the wrongful conviction of David Milgaard, each playing their own role in the ruling. Pre-existing views and perceptions of deviance placed Milgaard among the socially marginalized, making him an easy target for police and public allegations. The broadcast media had a huge impact on public awareness and police actions, presenting a problem with jury discrimination and witness testimony. Finally, and perhaps most inexcusably, misconduct on the part of the Canadian Criminal Justice System in both the investigation and prosecution of the case caused the trial to end in a guilty verdict. If any or all of these factors were more closely investigated or realized at the time, David Milgaard, may not have lost 23 years of his life and this senseless tragedy could have been prevented.
David Milgaard’s story is one of the most striking and well know representation of wrongful conviction as it happened right here in Saskatoon. Even further than that his case has been called “one of the most famous examples of wrongful conviction in Canada” (CBC News, 2011). In January of 1970, 17-year-old ...
Garrett, Brandon. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Cambridge, MA: Harvard UP, 2011. 86. Print.
Many of today’s interrogation models being utilized in police investigations have an impact on false confessions. The model that has been in the public eye recently is the social psychological process model of interrogation known as the “The Reid Technique.” There are two alternatives used by the police today to replace the Reid Technique, one is the PEACE Model and the other is Cognitive Interviewing. These methods are not interrogation techniques like Reid but interview processes.
In the adversarial justice system, when the offender admits to the criminal act, there is no further controversy and the case promptly proceeds to sentencing. Physical evidence and victim or witness statements may often be overlooked and not considered. The confession is considered unequivocal evidence of guilt and a conviction is ensured. Indeed, the interrogation process’ sole purpose is to obtain a confession. Zimbardo (1967) estimated that “of those criminal cases that are solved, more than 80% are solved by a confession.” (Conti, 1999) Without the confession, convictions may be reduced significantly. So why does a person falsely confess to a crime if the likelihood of a conviction is eminent? A false confession to any crime is self-destructive and counterintuitive.
After reviewing the article “Inside Interrogation: The Lie, The Bluff, and False Confessions”, it became very evident the huge problem with interrogations and false confessions in the criminal justice system is with false confession. Jennifer T. Perillo and Saul M. Kassin crafted three distinct experiments to try and better understand false confessions and how trues the actual numbers in real life are. What Perillo and Kassin were trying to prove is that “the bluff technique should elicit confessions from perpetrators but not from innocents” (Perillo, Kassin 2010). What is called the “Bluff Technique” is an interrogation technique that uses a sort of threat or hint that there is certain proof that a person will think is more of a promise for
Barry Winston made a remarkable statement during his appointment with the young man in paragraph 3 on page 111, which states “of course I believe him, but I’m worried about finding a judge who’ll believe him”. However, in my opinion, I wouldn’t have thought him to be vindicated. Moreover, all evidence proved that he was indeed guilty even if he doesn’t remember the incident, the young man had 3 beers