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Essay on false confessions
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Exam 1 Critical Case Review: People v. Thomas 2014 Annelise Baker RIAP 310 Investigative Psychology for Law Enforcement Dr. Baughman 1 March 201 THE CASE Wilhelmina Hicks and Adrian Thomas rushed their four-month-old infant, Matthew Hicks, to a Troy, New York hospital after noticing the child’s unresponsiveness on 21 September 2008. The child later transferred to Albany Medical Center’s PICU for treatment for septic shock. Though the child’s physical and medical status indicated septic shock, a doctor contacted child protective authorities, suspecting blunt force trauma head injuries. Authorities then interrogated the child’s parents. Two hours into the initial police investigation, Thomas expressed suicidal ideation and …show more content…
was subsequently kept on a psychiatric hold in a local hospital for 15 hours. Thomas then immediately returned to police interrogation. Though the child, Matthew, died shortly after Thomas entered the psychiatric care unit, the interrogating officers continued to inform Thomas the child was alive. Officers insisted Matthew’s survival and Wilhelmina Hick’s freedom depended on Thomas’ confession and admission of guilt in murdering the child. Officers accused Thomas of lying after he initially admitted to dropping Matthew approximately five inches from his crib two weeks prior, claiming the child’s injuries showed extensive abuse. Officers then suggested conflict and resentment between Thomas and Hicks caused Thomas to throw the child onto the crib in frustration, eventually coercing Thomas into re-enacting such a scene using a clipboard. Throughout the interrogation, Thomas repeatedly and consistently maintained his innocence. Officers initially assured Thomas that he could return home once he told the officers what they needed to know, repeatedly assuring him he would not be arrested. Later, officers used emotional appeals to sway Thomas, stating both that Hicks would face an arrest and that Matthew’s survival depended on Thomas’ cooperation, despite the child dying earlier that evening. Nine-and-a-half hours into the ten-hour interrogation, Adrian P. Thomas gave a signed statement and confessed on videotape to the infanticide of Matthew Hicks, stating he threw the child onto the crib on three separate occasions prior to the child’s death. In court, Thomas’ defense presented evidence from Matthew’s autopsy, showing no signs of cranial fracture. Doctors testified that Matthew died of sepsis from a bacterial infection. Further, the defense argued Thomas gave a coerced confession due to his diminished mental status under the police officers’ aggressive interrogation techniques. The jury viewed Thomas’ recorded confession. The court convicted Adrian P. Thomas of second-degree murder during his 2009 trial. Thomas received a sentence of 25 years to life and a 98-year protection order prohibiting Thomas’ contact with Hicks or their six children. A 2014 New York Court of Appeals trial overturned Thomas’ conviction on the basis of deceptive interrogation methods, physician testimony regarding Matthew’s true cause of death, and a coerced confession. Thomas served six years of the original sentence until the retrial overturned his conviction. FALSE AND COERCED CONFESSIONS The People v. Adrian P. Thomas case depicts current deficiencies in the investigative process of law enforcement. False and coerced confessions remain problematic issues for a variety of reasons. Police and law enforcement authorities often face pressure from the victim’s loved ones, the media, and the public to find a suspect, obtain a confession, and close a case quickly and cleanly. However, this pressure often changes the focus of police interrogation during the investigative process from its original truth-seeking intent to one of obtaining a confession. The Innocence Projects notes that approximately 23 percent of the wrongfully convicted cases exonerated with DNA evidence involved false or coerced confessions (See Annex I). Juveniles, the mentally ill, intoxicated individuals, and the developmentally delayed remain especially vulnerable to giving false confessions. Deception on the part of the interrogators is necessary and legal to a degree.
Magid states that, “Virtually all interrogations, or at least virtually all successful interrogations, involve some deception.” Officers commonly use deception and manipulation during interrogations by informing suspects about the existence of conclusive evidence (in which none exists), promising a reward or lighter sentence for cooperation, using emotional appeals, or omit details. Dr. Richard Leo identified types of false confessions, including voluntary false confession, compliant false confession, and persuaded false confession. The In the People v. Thomas case, Adrian Thomas gave a “persuaded false confession,” in which he came to doubt the reliability of his memories, confessing fully to the specific details of Matthew’s murder as the interrogating officers suggested. The Journal of the American Academy of Psychiatry and the Law notes that these types of confessions occur most frequently after “lengthy and psychologically intense interrogations” and that, “once removed from the interrogation environment and its attendant influences and pressures, the persuaded false confessor typically recants his confession.” This is true of the Thomas case, in which Thomas recanted the confession he made during the 10-hour …show more content…
interrogation. The ramifications of false confessions include presumption of guilt and impact to jurors, legal ramifications, impact on defendant, strain on resources, and perception of the public. The JAAPL notes that a confession, even if false, conveys a presumption of guilt among law enforcement, the judicial system, jurors, and the public, damaging the defendant’s rights to a fair and quick trial. False confessions change the perception of the case and the defendant often receives harsher treatment throughout the legal process, ending in a harsher sentence. Exonerated individuals often receive compensation for the years suffered due to their wrongful convictions, further limiting depleting resources for law enforcement. Additionally, law enforcement officials frequently face pressure to find the true perpetrator in these cases, limiting time and resources. Finally, the discovery of false and coerced confessions erodes the public’s trust in law enforcement, complicating its missions. FALSE MEMORIES The creation, suggestion, and implantation of false memories remains critical the People v.
Thomas case and cases involving false confessions. Studies show that individuals can develop detailed false memories resulting from priming and suggestions during the interview process. Intoxication, mental illness or impairment, repetition of facts or information, priming and suggestion, sleep deprivation, and dehydration can increase an individual’s suggestibility and likelihood to recall a false memory. Interrogators can gaslight suspects, causing the suspect to doubt their memory, coercing them into a false confession. In the People v. Thomas case, Adrian Thomas remained especially vulnerable to suggestibility due to the lengthy interrogation and his diminished emotional state, evident in his 15-hour psychiatric hold. Lead interrogator Sergeant Adam Mason reportedly instructed Adrian Thomas, “You better find that memory right now, Adrian. You’ve got to find that memory. This is important for your son’s life, man.” Officers first suggested Thomas threw the child in frustration after a conflict with his wife. After getting Thomas to agree to this, the officers used a “foot-in-the-door” strategy to escalate the severity of Thomas’ supposed actions. Further, the interrogators coerced Thomas into re-enacted the suggested scene of Matthew’s death, using a clipboard as a stand-in for the infant, and forcefully slamming the clipboard. Through this physical action, the false
memory appeared more real to Thomas, escalating its implantation and leading to his false confession.
A year went by and in January 1983 Joshua was admitted into the local hospital by his father's girlfriend and former sister-in-law, Marie Deshaney. Joshua was treated for significant bruises and abrasions all over his body, In the medical report Marie Deshaney stated that Joshua had been hit in the head by another toddler with a metal toy truck. The examining physician suspected child abuse when he examined Joshua’s wounds and immediately notified the DSS.... ... middle of paper ...
In the Norfolk Four case, Ford began his interrogatories by a prior assumption that the four suspects were involved in the case. As Chapman (2013) noted, “ the interrogator will use whatever means necessary to elicit a confession, and not only will the suspect confess, but they will form false memories of the crimes they did not commit,” (p.162). Joseph Dick, one of the four suspects in the Norfolk Four case, claimed that due to the harsh interrogatories, he accepted the label put on him and began to believe that he committed the crime. Accordingly, Joseph Dick and the others began telling false narratives of the way they committed the crime. Even though, their narratives contradicted with evidence and facts of the actual murder, Ford proceeded to psychologically abuse the four suspects in order to hear what he wanted to hear.
In order to incriminate Danial Williams, Joseph Dick, Eric Wilson, and Derek Tice with the rape and murder of Michelle Moore-Bosko, Detectives Maureen Evans and Robert Ford conducted long, grueling interrogation sessions using many provocative and manipulative tactics. Throughout this process, Ford and Evans coerced the suspects into renegotiating their perception of the crime until an entirely new reality was created. This new reality evolved as the police elicited additional confessionary evidence to account for each new piece of physical evidence from the crime scene. Eventually, in an iterative process that had police editing their theories of the crime and then forcing the suspects to claim this new reality as their own, the reconciled reality of the crime became one that was consistent with both the criminal evidence and the suspects’ new perception. An analysis of empirical m...
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
The Effect of Hypnosis on Eyewitness Testimony Works Cited Missing Under hypnosis an eyewitness could produce false information whist giving a statement to the police. This is because one of the characteristic of being hypnotised is being sensitive to suggestion. Therefore the witness can give suggestive information through leading question (even if this isn't intended). It could lead to an alteration. of the existing memory.
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...
The conditions of an interrogation room, small and dark, make it easy for the interrogators to get in one’s head. The hostile conditions create a divide and discomfort between the suspect and the interrogator, already losing trust on both parties. “He eventually confessed, but investigators had to ‘spoonfeed’ him the details”(Patrick). The suspects feel uncomfortable and scared of the interrogators therefore, they feel the need to please the police, even if the idea did not come from them. In this case, the suspect Michael Crowe was under an immense amount of trauma, getting rushed in a cop car from the crime scene straight to the police station. After being interrogated for three and a half hours he was taken to a different location to get interviewed, “he was emotionally drained and so tired he could barely walk”(Warden 13). In the second interview one interrogator asked Crowe to write a letter to his dead sister he was accused of killing, “it is almost like I am being convinced of this[more] than really knowing it...I pray to God that you forgive me for what they say I did”(Warden 13). Crowe uses the phrase “what they say I did” proving that the confession was not his idea, but the police’s instead. He was innocent and the police forced him to make up a story and confess to a crime he did not commit, utilizing the mental strain of interrogation against
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
Twenty five to thirty percent of babies shaken die (National Shaken Baby Syndrome). Immediate medical attention can help reduce the impact of shaking, but many children are left with permanent damage from the shaking. The treatment of survivors falls into 3 major categories. Those categories are medical, behavioral, and educational. In addition to medical care, children may need speech and language therapy, vision therapy, physical therapy, occupational therapy, and special education services. (Showers, 1997) Many incidents of Shaken Baby Syndrome are not reported out of fear. It is important to seek immediate and early medical attention. Serious complications and even death can be avoided.
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
Miehl, N. (2005). Shaken baby syndrome. Journal of Forensic Nursing 1(3), 111-117. Retrieved from http://web.a.ebscohost.com.ezproxy.parkland.edu:2048/ehost/pdfviewer/pdfviewer?vid=6&sid=5afd0ec9-9244-4874-888f-58b9a8746292%40sessionmgr4004&hid=4214
After watching the TED Talk, “How Reliable is Your Memory” I was saddened to learn how unreliable eyewitness testimony is since hundreds of people’s lives have been ruined because of it. It is important to consider that not every memory someone remembers is real and while their intentions may not be to lie, memory itself gets changed unconsciously. Dr. Elizabeth Loftus did some amazing research in understanding false memories and explained how it relates to real-world situations.
Imagine being a mother or a father standing in the kitchen doing dishes when out of nowhere a familiar scream hits your ears. The first thing you do is ask yourself “Where are my kids?” The phone rings and your next-door neighbor informs you that he/she has called 911 and you should come right away. You slam down the phone and in a panic you run down your walk across the street, arriving just as the ambulance backs into the drive. Next thing you know your 11-year-old son Billy, broken and bleeding, is being sped to the hospital. Far-fetched, as this story may seem it is happening more and more everyday. Billy got hurt because he and his friends were re-enacting a move they had seen on WWF the night before.