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Essay on false confessions
Essay on false confessions
Essay on false confessions
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What exactly goes on behind the closed doors of law enforcement interrogation rooms remains an object of mystery, especially to the public. The object that remains an even larger mystery, perhaps, is how these interrogations can possibly lead to innocent people giving a false confession. Through many factors and methods, some interrogations take a turn for the worse. Police interrogations can occasionally lead to false confessions due to misclassification of charges, coercion of the accused, and contamination of evidence. The phrase “innocent until proven guilty” is popular among law enforcement and government employees but is not always upheld, as various errors, such as misclassification, are a major cause of false confessions. Misclassified …show more content…
This error occurs when interrogators provide detainees important non-public details of the crime, whether knowingly or unknowingly. In his article, Garrett explains how the complexity of interrogations make them difficult to maneuver when he writes, “Police may do so intentionally, to “feed facts” in violation of their training, but it may also happen completely unintentionally, since interrogations can be such complex affairs in which police offer suspects a set of complicated and increasingly inculpatory accounts of the crime in an effort to secure a confession.” (Garrett 1066). With the complexity of interrogations, some officers accidentally reveal key elements of the case; furthermore, some are so desperate for a confession they reveal classified evidence on purpose. While this may not seem to be a big deal, it can have a massive impact on detainees. Additionally, the suspect can give an extremely convincing false confession if any other methods, such as misclassification or coercion, along with contamination occur. Therefore, if a suspect decides to escape the interview by giving a false confession, he/she has non-public information. Personal or firsthand knowledge of the private details of the case makes one appear guilty, especially considering there was not only a confession, but confidential details of the crime were known. The Stanford Law Review carried out a study that analyzed forty false confession cases; there were transcripts provided for thirty-eight. Thirty-six of those thirty-eight cases included confessions that held specific details of how the crime occurred. In each of those cases, every suspect provided details that only the culprit could know. Particularly as more extensive investigations occurred on each case, it became apparent that contamination played a major role in the confessions (Garrett 1066).
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
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 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 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 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...
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...
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
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,
Because police investigators are usually under pressure to arrest criminals and safeguard the community, they often make mistakes. Sometimes, detectives become convinced of a suspect 's guilt because of their criminal history or weak speculations. Once they are convinced, they are less likely to consider alternative possibilities. They overlook some important exculpatory evidence, make weak speculations and look only for links that connect a suspect to a crime, especially if the suspect has a previous criminal record. Picking Cotton provides an understanding of some common errors of the police investigation process. During Ronald Cottons interrogation, the detectives did not bother to record the conversation “But I noticed he wasn 't recording the conversation, so I felt that he could be writing anything down”(79) unlike they did for Jennifer. They had already labelled Ronald Cotton as the perpetrator and they told him during the interrogation “Cotton, Jennifer Thompson already identified you. We know it was you”(82). Jenifer Thompson 's testimony along with Ronald Cotton 's past criminal records gave the detectives more reason to believe Ronald committed the crime. Ronald Cotton stated “ This cop Sully, though, he had already decided I was guilty.”(84). Many investigative process have shortcomings and are breached because the officials in charge make
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
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
Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.
Many decisions are made every day based on the films being played in one’s head. However, how certain are we that these memories are film like and do not change? How would one know that the memory has changed? In studies, memories have been shown to not have constancy. They have also shown that memories can be manipulated and false memories can be implanted into your mind. Memories have the potential to be influenced by police interrogations, and it can lead to someone being falsely imprisoned.
History in police interrogation proves the system has come along away, yet there are still concerns about how police officers interrogate suspects. In the video, Larry Rothi is interrogated by detectives for nearly 7 hours. According to Magid (2001), interrogations usually involve some level of deception. For instance, as shown in the video, the detectives deceive Mr. Rothi into thinking that a witness, his neighbor, was at the scene and documented what he saw, which later in the video we find out is supposedly Mr. Rothi firing a bullet. They further delve into the fictional story and tell Mr. Rothi that the friends whom he lives with say they saw him fire the gun as well. By deceiving the suspect, the interrogators are successfully creating
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,