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False confessions research paper
Pros and cons about false confessions
False confessions research paper
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One of the main goals of police interrogation is to obtain a confession from a suspect in order to increase the likelihood of a conviction during the trial proceedings. However, confessions may not be truthful. Larmour, Bergstrom, Gillen & Forth (2014) found that a false confession was given as evidence in sixteen percent of wrongful convictions. Within that sixteen percent, twenty-two percent of those individuals were sentenced to death. Why do individuals confess to crimes that they did not commit?
There was research done by Henkel, Coffman & Dailey (2008), where surveys were distributed to individuals. These surveys asked participants to express their views, beliefs and attitudes towards false confessions. Henkel et al. believed that people’s feelings about false confessions played a huge role within the courtroom and the jury. If a juror has a bias towards or against false confessions then their judgment will be impaired during a trial where this information is presented. The results of this study showed that people possess an awareness that false confessions do happen and that a confession should not be taken as an absolute indicator of guilt. The results also showed that many people do not understand how or why false confessions are given. Because of this, research has been done to get to explain why and how false confessions occur.
There are several variables that contributed to falsely confessing to a crime. First, the type of individual confessing has to be examined. Why do some individuals feel that the easiest way to remove themselves from a situation is to falsely confess? According to Larmour at el. (2014) neuroticism and extraversion are two personality traits that have been associated with compliance and false co...
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...there has been research done about why and how false confessions are given, there has been little research done about how to improve this act. Research has shown that the period when false confessions occur is called the “Decision Zone”. This is a brief or prolonged period after the officer has read a suspect his rights but before the suspect has decided whether to waive or to invoke those rights (Morris, 2008). Morris argued that no such interrogation should take place within this zone. It has also been shown that most false confessions are given when the interrogator beginning questions in the decision zone. Because we know this information the criminal justice system should take it and fix this problem. Getting a confession out of a suspect may be there top priority as previously stated, but the confession should be given without any threats and without coercion.
In addition, Chapman (2013) also argued that there are a lot of factors that determine whether a suspect make a false confession or not. In fact he indicated that :“ those who make false confessions do so because of a combination of mental elements, personality, intelligence, and the environment of the interrogation,” ( Chapman, 2013, p.164) The author also explained that the police usually isolate, accuse, and convey sympathy to the suspect ( Chapman,2013,p.165). Though, Ford, in the Norfolk Four, used
In a handful of occasions such as in an interrogation it seems reasonable enough to lie to an individual in order for them to confess to a crime. A case law that shows this was Frazier v. Cupp in which according to Police Link, “ The case involved the interrogation of a homicide suspect who was falsely told that an accomplice had already implicated the suspect in the killing.” In the case of Frazier v. Cupp kept on getting integrated even after he asked to speak to a lawyer so as a result he ended up doing a written confession where he confessed about being part of the murder that was later used as evidence against him.
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...
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...
... court, there are only two choices for their fate: confess to a false crime and spend time in jail for it, or don't confess and face either torture until you confess or your execution. It is a lose lose situation. This is true for every person who is tried in front of the court. People became fearful of this and they could do nothing but accuse everyone they can in order to prevent accusation of themselves.
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).
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.
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.
One of the main factors in wrongful convictions, tunnel vision, has been recognized by psychologist as a human tendency to quickly convict a suspect so that society feels safe. Although tunnel vision is seen as a natural instinct it can convict innocent individuals and weaken the criminal justice system . Jerome Frank, a judge in the United States Circuit Court of Appeals explored the causes of wrongful convictions and noted that in 36 cases tunnel vision was a significant factor in the conviction of innocent individuals. As demonstrated, tunnel vision is a prevalent factor and may affect cases resulting in judges and juries convicting wrong suspects. However, the human tendency towards tunnel vision is a distinctive feature of an individuals psychological characteristics. Psychologist view tunnel vision as the product of cognitive biases. These natural biases explain why tunnel vision is common even amongst respected legal enforcers and honest justice systems. Although tunnel vision is a common natural tendency, it can be altered and lead to the conviction of innocent individuals.In situations when a high profile case is
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
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
There has been considerable debate worldwide, regarding the accuracy of eyewitness testimony in the criminal justice system. Particularly, arguments have surrounded wrongful convictions that have resulted from incorrect eyewitness evidence (Areh, 2011; Howitt, 2012; Nelson, Laney, Bowman-Fowler, Knowles, Davis & Loftus, 2011). The purpose of this essay is to consider psychological research about the accuracy of eyewitness testimony and its placement in the criminal justice system. Firstly, this essay will define how eyewitnesses and their testimonies are used within the criminal justice system and the current debate surrounding its usage. Secondly, the impact of post-identification feedback will be used to show the affect on the confidence of a witness. Thirdly, studies around gender related differences will show how a witnesses gender can affect memory recall and accuracy. Fourthly, empirical studies will be used to highlight how a psychological experience called change blindness can cause mistakes in eyewitness identification. Finally, the effect of cross-examination will be used to explore the impact on eyewitness accuracy. It will be argued, that eyewitness testimony is not accurate and highly subjective, therefore, the criminal justice system must reduce the impact that eyewitness testimony is allowed to have. Developing better policies and procedures to avoid wrongful convictions by misled judges and jury members can do this.
...T. M. (1997). Can the jury disregard that information? The use of suspicion to reduce the prejudicial effects of retrial publicity and inadmissible testimony. Personality and Social Psychology Bulletin, 23(11), 1215-1226.
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,