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False confessions research paper
Interrogation methods and if they should be allowed
False confessions research paper
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As a goal, this thought paper aims to provide a guideline for police investigators to establish a better system of interrogation as a way to avoid false confessions. However, and being honest, it is difficult to change a system that has been based on old doctrines and practices, also known as the popular saying "that 's the way it 's always been done.” But, as its opposite says, “just because something’s always been done that way, doesn’t mean it should continue to be done that way,” and a clear example of this problem is the use of methods for interrogation purposes. The fact that the Reid technique is still being used to train police on how interrogations are carried out should be a topic of concern. As the journal paper on the Social Psychology of False Confessions mentions, the processes that involve the Reid technique are based on a book -Criminal Interrogations and Confessions- that was written in 1962 ( Kassin, 2015) Although it is currently in its fifth edition, we cannot be certain that the methods used by investigators in 1962 are still effective in 2016. Additionally, we cannot rely on this process of interrogation to assess whether a person is innocent or guilty because there is the chance that these old procedures could incite people to plead guilty and hence provide false confessions. To an extent, it is unbelievable that given the literature and material available on this topic, there have not been any progress in trying to change the way in which investigators interrogate people. From 1962 on, new areas of study in criminal law have been created and developed. Therefore, a group of specialists, such as investigators, psychologists, lawyers, judges, and others, should create a manual on interrogation methods less ba...
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...ed fairly regardless her/his race, ethnicity or gender.
As already mentioned, this paper’s goal is to provide a guideline for investigators to reduce false confessions. Although different approaches as to why people decide to give false confessions have been considered, they are just a few out of a range of reasons that could influence a person’s decision on pleading guilty. I only discussed those related to methods of interrogation and biases. However, there are others that are also important because they deal with corruption, economic compensation, and social pressure. Indisputably, there is a lot of literature that can provide more information about this conflictive issue. Additionally, an interesting topic for further research would be to investigate if besides social factors there are some biological elements that could lead people to give false confessions.
McCann, Joseph. “A Conceptual Framework for Identifying Various Types of Confessions.” Behavioral Sciences and the Law 16 (1998): 441-453. Web. 8 January 2014.
Due to rising levels of danger along with the creation and utilization of new technology, the government of the twenty first century, are becoming more involved and protective similar to the government of Oceania in the book Nineteen Eighty Four by George Orwell. In the book Nineteen Eighty Four, the main character Winston Smith, commits acts that are not legal according to the government of Oceania. Winston commits crimes which include thinking bad things about the government of Oceania, or thought crime, plotting against the government of Oceania, and having sexual relations with a young woman named Julia. Eventually, Winston ends up getting caught by a hidden telescreen and two thought police informants. When Winston is caught, he is transported to a prison without being read rights, much less having any actual rights. While in prison Winston is deprived of food and sleep, received regular beatings, is brainwashed, and is tortured physically, mentally, and emotionally. This essay will show the reader what the modern day government of the United States of America does to its political prisoners and how this compares to the treatment of political prisoners in George Orwell’s book Nineteen Eighty Four.
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...
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).
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
The first appearance of the notion of silence or lack of silence occurs at the first presence of the criminal justice system: the initial meeting with a police officer. During the War on Drugs, it became common for police officers to stop and frisk people, including those without suspicious behavior, in search of drug violations. Although, not against the law, the majority of people do not know that they have the option of declining such a search and refuse to answer any questions. Professor Tracey Maclin conducted a study regarding this phenomenon concluding, “the overwhelming majority of people who are confronted by police and asked questions respond, and when asked to be searched, they comply. This is the case even among those… who have every reason to resist these tactics because they actually have something to hide” (Alexander 66). Therefore, the finding suggests that only a few people do not fear a supposed consequence of not abiding by a police officer’s request. Hence, people remain silent and do n...
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.
Lyman, D. Michael; Criminal Investigation, The Art and Science; 3rd edition, 2002 Prentice Hall. Pgs. 188-200.
Greenfield, D. (2007). Introduction to forensic psychology. issues and controversies in crime and justice. Journal of Psychiatry & Law, 35(2), 201-201-204,105-106.
Deontological theorists argue that coercive interrogation should be unequivocally impermissible as it entails out-right violation of human dignity, (Arrigo, 2004). According to Posner & Vermeule (2005), the idea of coercive interrogation is paradoxical in that the law enforcers maintain its legality while simultaneously using it under the guise of preventing dangerous criminal suspects from harming other people in the society. Posner & Vermuele (2005) however denounce the deontological view against coercive interrogation by arguing that it is sometimes permissible and necessary although law enforcers need not deny that coercive interrogation is inherently a severe moral evil. Their denunciation is informed by the fact an assertion that sometimes even grave evils are necessary and justified due to the inescapability of tragic choices, although a violation of rights. Posner & Vermuele (2005) conclude that although coercive interrogation is a severe ethical and moral evil that should not be out-rightly permissible, but rather one that should be subjected to rules-with-exceptions based complex regulatory frameworks. Such frameworks should permit the infliction of human harms only in tightly cabined situations with an immunity system that obliges law enforcers to follow stipulated rules in good
The purpose of this paper is to prove that certain steps out of the nine that are used in the Reid model of interrogation were used in the case of Colonel Russell Williams (specifically steps three through eight not including four). Evidence is pulled from a number of reliable peer reviewed sources, as well as the course textbook and specific videos. Then three different areas of police interrogations are analyzed specifically: investigator bias (otherwise known as assumption of guilt), false confessions, and different components of communication. It will be stated whether or not these factors were or were not present in the Russell Williams interrogation, as well as to what extent they were present if so.
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,
In the recent years the CIA have been getting questions based on the laws and policies they face when dealing with enhance interrogation. Even though the CIA concluded that torture was not authorized and that it would not be accepted, it has come out that they still practice it (Blakeley, 547). At a press conference, John Brennan talked about these practices. Brennan announced that the CIA is aware they have failed to follow the guidelines and they used unauthorized techniques. He then assured us that it was only a select few officers are guilty of using the unauthorized techniques (Brenan, 2014). After the 9/11 attacks and the outbreak of enhanced interrogation, many people are starting to question the CIA about tel the truth about using such
Introduction to Polygraphs Polygraphs are viewed by the public and presented by the media as the ultimate lie detectors, but those familiar with its scientific dynamic recognize that the popular allegations of its accuracy are not entirely true themselves. This paper will briefly discuss the significance and importance of polygraphs, which may have given rise to the spurious belief in its accuracy. It will then cover the basics of the most common method of polygraph testing before proceeding to elaborate on the accuracy of polygraphs. Finally, due to the importance of an accurate lie detector for our society, an alternative and more promising method of lie detection is briefly discussed, along with its limitations. Importance and Application