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In the Criminal Justice system, the main goal is justice or in other words, a fair consequence to match a criminal action. An obvious, yet unmentioned underlying goal is to prevent injustice. Many times, justice prevails, and this is why our system prevails today. However, when justice fails, it is key to look at the information offered in order to better the system and to repay those that have been failed by it. One area that has shown itself as flawed is the area of interrogations though many other areas will be presented throughout this paper as well. By examining five cases involving questionable interrogation and showing other system flaws, I will enlighten others as to how our justice system handles its flaws, and hopefully I will provide motivation for further improvement. To show an unbiased and educated examination of the five cases involving questionable interrogations, I will give information on the crime that occurred, the problems with the interrogations and other evidence, who is at fault for problems within the case, how the defendant was cleared (if he was), and the compensation and future changes that were a direct response to these cases provided that they occurred or are in the process of occurring. The five cases that I will examine involve the accused: George Allen, Hunter Johnson, Peter Reilly, Michael Crowe, and Reggie Clemons. Each case is significantly different yet showcases many acts of injustice within the justice system. First and foremost, is the case of Peter Reilly. Peter Reilly was convicted of manslaughter at the age of nineteen in 1974 (Lender, 2011). Reilly had found his mother dead in their home (Lender, 2011). Peter Reilly was interrogated without legal council for over an entire day’s t... ... middle of paper ... .... Attorneys Say Uncovered Evidence Shows U City Man is Innocent of 1982 Murder. University City, MO Patch - News, Sports, Events, Businesses & Deals. Retrieved February 25, 2012, from http://universitycity.patch.com/articles/attorneys-say-uncovered-evidence-shows-ucity-man-is-innocent-of-1982-murder Stack, R. (2012, February 23). Guest commentary: The complications of the Clemons case . St. Louis Sports, News, Jobs, Classifieds, Entertainment & Weather. Retrieved February 25, 2012, from http://www.stltoday.com/news/opinion/guest-commentary-the-complications-of-the-clemons-case/article_2e1b2ecc-a8ce-5f6a-8b00-40d88e1e421a.html Tuite Sentenced For Death Of Stephanie Crowe. (2004, August 25). San Diego News, San Diego, California News, Weather, and Sports - KGTV 10News.com. Retrieved February 25, 2012, from http://www.10news.com/news/3680192/detail.html?taf=sand
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).
Convicted for the murders of his wife and two kids, thirty-four years ago, Dr. MacDonald still endures the agony of being accused of killing his family. Even after twenty-four years of imprisonment and several unlawful court hearings, additional documentation continues to up hold Dr. MacDonald’s testimony.
Tyler, Tracey.The Criminal Case You Can’t Know About. TheStar.com News. Accessed January 15, 2012. http://www.thestar.com/news/article/1080416--the-criminal-case-you-can-t-know-about?bn=1
Christopher, Liam. “Mother ‘vindicated’ after girl’s murder suspect held.” Daily Post. 18 Aug. 2006: 19. Proquest Newsstand. Web. 28 Feb. 2014.
``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.
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...
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.
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
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
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
Jailhouse informants are inmates who provide incriminating information or testimony during criminal proceeding against another inmate. The prevalence of jailhouse informants is quite high because competition among informants is tough, information gathering techniques are quickly being modified, many inmates want to manipulate cell sharing or transfers in exchange for their testimony, many inmates have made careers out becoming informants, loss of sentencing discretion, which allows informants to bargain for sentences, and lastly mandatory minimum sentencing guidelines have created a market for jailhouse informants. Studies of warrants have found that 80-92% of warrants rely on informants and in terms of exonerations cases 46% of 111 post-Furman death row exoneration involved informants. There are varying views on jailhouse informants; conventionalists argue that trusting their testimonies may be a necessary evil, while realists claim that jailhouse informants should not be utilized at all. One particular example that shows the devastating effects of validating unreliable testimonies of jailhouses informants is of Marion Pruett, a Colorado inmate, who informed prison authorities that another inmate killed his cellmate. In exchange for his testimony he was released and began murdering and robbing banks after his release, late it was discovered Pruett had killed his cellmate. From the past it has become clear that jailhouse informants are an unreliable source of information. They shou...
Richey, W. (2003). Can a Defendant Be Denied the Right To Confront Witnesses? Christian Science Monitor , 2.
In the movie, “The Interrogation of Michael Crowe” by Don McBrearty it gave the audience a different prospective on how the interrogation of Michael Crowe set off. Watching this film. many things that where done by either the family or the police was not ethical. Michael was accused for killing his sister, Stephanie Crowe in the middle of the name. The morning of the murder when the family called the police, they immediately started to investigate. The family where scared and extremely devastated, hoping they would be together to comfort each other. As soon as the police started to investigated they instantly took the family and separated them so they could interrogate them individual. During this time, they where lied and tortured especially
In order to have a fully comparative analysis on the Reid investigating method and another alternative method, I am targeting three following psychological concepts to analyze the important components of forensic interrogation, respectively are non-leading open-ended questions, false confessions and components of communication. An interrogation conducted when it is believed that the person is guilty, so if a person is guilty, which may make them feel hard to confess the terrible things they have done. Therefore, whether an investigation would proceed smoothly or not is determined by the questions the police asked. it is fairly important for police to ask questions. Since the suspects are guilty and are rarely willing to tell the fact