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Law enforcement procedures related to false confessions
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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 …show more content…
According to “Sleep Deprivation and False Confessions” and “False Confessions to Police and their Relationship with Conduct Disorder, ADHD, and life adversity,” it tackles on the causes of false confessions and who is more prone to such factors. Based on “The Role of Deception” and “How the Police Generate False Confessions: An Inside Look at the Interrogation Room” by Trainum, James L, it focuses on the methods police interrogators use to coerce a false confession. Lastly, ways to prevent false confessions from recurring will be recommended through “Miranda Rights Comprehension in Young Adults with Specific Language Impairment,” “Miranda Rights and Wrongs: Matter of Justice,” and “Police-Induced Confessions: Risk Factors and Recommendations.” Due to these reasons, the modern justice system needs to be updated and enforced to avoid similar cases of coerced false …show more content…
A test was conducted in Iceland at an undisclosed high school and university to figure out who were involved in a false confession and what could’ve led to it; It consisted of 11,388 students ranging from the age 16-24 years old (Gudjonsson,Sigurdsson,Sigfusdottir, & Young, Pg.697). 48% males and 51% females were part of the test whereas the 1% didn’t identify their gender. For the testing to proceed, a questionnaire was created to understand the participant’s family background, education, mental health problems, antisocial behavior, free time activities and attitudes. As a result, it was shown that among the participants who were interrogated, the false confession was seen mostly in males and common among the younger participants of 17 years or younger. The majority of the false confession were due to police pressure; As well, there’s a relationship between false confessions and ADHD variables such as being diagnosed with ADHD, on medication for ADHD, and meeting DSM-IV screening for those systems (Gudionsson, Sigurdsson, Sigfusdottir, & Young, Pg.698). In addition, another experiment was conducted to test if people can falsely confess under poor conditions such as sleep deprivation and intoxications (Frenda, Berkowitz, Loftus, & Feen, Pg.2047). In the experiment, 88 participants were placed in different laboratories with a computer and keyboard; They were given instructions to not press the
“The number of wrongly convicted persons cannot be known with certainty, because no federal or state agency keeps track of exonerations, let alone wrongful convictions (Criminal Justice, p.1).” Wrongful convictions occur when an innocent person is found guilty. Our justice system tries to reveal the truth but not always in the best way. Wrongful convictions will most likely to happen because of how our justice system deals with cases. Our Justice System gets innocent people to confess to the wrongdoings that they have not committed. They also use jailhouse informants to fabricate a story that can convict the accused. Tunnel vision is also a big part of why people are getting wrongfully convicted. The injustice of being convicted for a crime
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...
Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Discuss.
In fact, the minute they bring someone in on reasonable suspicion, there is an 80% chances of the suspect being the guilty party. Therefore, beyond reasonable doubt a blurred line is established. Detectives have evidence to bring in the suspect, getting them to confess becomes the mission of the case. Whether or not they are innocent or guilty doesn’t matter, for chances are their suspect is in fact guilty. And the faster they book someone, the better their arrest record gets, and the further they can advance their career. If it means overlook some information and just aim to get the confession, to pull an arrest, it will
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.
In this paper I am going to be discussing the Miranda rights. What they mean to you, what they entitle you to, and how they came to be used in law enforcement today. I am discussing this topic because, one it is useful to me as a police officer, two they can be very difficult to understand, and three if they are not read properly to you when you are placed under an arrest it could actually get you off. I will start off by discussing the history and some details of the Miranda case.
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
Also, almost all of the behavior measures were taken by self-report. This is somewhat necessary, as many of the behaviors would be difficult to measure directly (e.g., drug use) without a breach of ethics. This too is a potential source of error, it is likely that the self-reports would under-estimate the proportion of the population that engages in a particular behavior. The astute reader may notice that this review does not include any papers that did not find a false consensus effect. The reason for this is not that this paper is not representative of the literature, but rather, that it is.
The association between ADHD, or Attention Deficit Hyperactivity Disorder, and criminality has been the subject of a great deal of research over the last decades. Although the numbers of people in the general population that are diagnosed with this disorder are relatively low, they are 4 to 9% more likely to commit crimes and go to prison (Quily.) Still, many questions remain about this connection, including whether or not ADHD was diagnosed prior to entering the criminal justice system, whether people who had been diagnosed were medicated, and if so, what was their medication status when they began engaging in criminal behavior? This paper will discuss these questions, exploring the association between ADHD and criminal behavior that has been discussed and explored in various research studies.
Miranda also protects suspects from overzealous police officers. Although most law-enforcement agents in the United States are decent men and women, some abuse their power. They may try to coerce suspects into giving false confessions. Time and time again, we read of cases where suspects were forced to make confessions because an overzealous or prejudiced police officers want to close a case. The story of Rubin Hurricane Carter, made popular by the motion picture of the same name, demonstrated how lives could be destroyed when vindictive and manipulating detectives abuse their power. The Miranda Warning helps keep abuses in check. If the law is used correctly, the guilty would receive their due punishment. When police officers inform suspects of their rights before interrogation, it is very unlikely that the judge presiding over any case would throw out statements made during questioning.
Since the inception of this niche in psychology, there has been a greater appreciation for the use of police psychological services. Now almost every police department has a separate psychology department with a number of psychologists working with its other employees. This specialized subset of psychology delivers a number of services to its employees, from assessing qualified applicants, counseling, to suspect profiling and providing expertise during hostage situations. The field has grown tremendously, especially over the last 40 years and has developed into its own sub-specialty with its own dedicated research, journals and professional organizations. During that time, there have been great strides made in developing this relationship betwe...
The methods and techniques employed by police officers within the confines of the interrogation room are an existent enigma within democratic societies. Expectations of the police to solve crime with all available means, at times contradict the philosophies of fair play and the right to silence founded in fundamental justice. It is this contradiction that creates a fine line between fair inquiries in solving crime and the use of psychologically coercive techniques tantamount to torture. This paper will define torture and employ current research in an effort to understand the coercive and psychological factors of interrogation. The paper provides a review of the current legal approaches to interrogation through the eyes of the judiciary and posits that the judiciary’s use of subjective solutions through charter exclusion is ineffective in managing police conduct in the interrogation room. The reluctance of the judiciary to alter or halt methodically coercive interrogations by the police leaves no alternative approach, but use of the objectivity of substantive law.
Pressure can force people into doing deranged actions. When innocent people plead guilty or make incriminating statements the main reason is because they feel guilty or know more inside information. There have been many cases in which an innocent person was secretly blackmailed or forced into pleading guilty. The mental state of a confessor is also vital in knowing the truth. Confessions from juveniles is usually unreliable because most of the time they don’t understand the situation completely and they can also be manipulated easier than an adult could. Mentally capable adults confess when they’re innocent for a variety of reasons, exhaustion from excessive interrogation,a belief that they could be released if they confessed,or that they truly do feel guilty. Pressured confessions are less common, but there have been cases. False confessions are a hazard in trial cases and can also give an innocent person a cruel sentence.