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False confess cases
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Being put in front of a Judge for a crime you did not commit, is something that happens too often. In fact, it happens so much that non-profit organizations such as “The Association in Defense of the Wrongly Convicted (AIDWYC) to identify, advocate for, and exonerate individuals who have been convicted of a crime. Influences on wrongful convictions are predominantly initiated by eyewitness misidentification and false confessions. Misidentification and False Confessions cripple the criminal justice system as it relies on the honesty of all parties involved. These miscarriages jeopardize a defendant’s image, as in the case of Jack White.
Jack White’s AIDWYC case is just one example of many innocent people who were wrongfully convicted due to
He always retained his innocence and did not give up the fight. After numerous times trying to have his conviction overturned, he final broke some ground in 1999, where the board ruled that there was “overwhelming evidence” and ordered that jack be reinstated as a consoler at Huronia and given pay back. However his criminal record could not be overruled. It was until May 2009 when the AIDWYC stepped in to help Jack’s exoneration. The Court of Appeal agreed they Jack had suffered a failure of justice, and due to substantial evidence and granted Jack a new fair trail. Jack would ultimately win this new fair trial as the Crown prosecutor withdrew charges because there was no reasonable prospect of conviction”.
This 17 year long process Jack had been subjected to was all caused by a false confession. For over half his life Jack had to deal with such tragedy, day in and day out. Although other reasons such as his lawyer’s incompetence rose, the main source of this suffering was owing to Wither and his dishonesty before the
This first article titles “False confessions and individual differences: The importance of victimization among youth” and the second “ False confessions to police and their relationship with conduct disorder, ADHD, and life adversity” share similar values in terms of false confessions. The methodologies used behind both articles were consistent as they shared similar researchers. Both studies took place in Iceland were approximately eleven thousand participants were analyzed. The first article depicts a correlation between false confessions’ during custodial interrogations and the history of victimization among young persons. It was evident to researchers that the main motives were to protect a peer and avoid police pressure. The findings in this article provide strong evidence of the correlation between being a victim of and outside pressure and giving a false confession. It is apparent that the participants are solely focused on their avoidance with the police at the time and not the end result of their false confessions. These confessions are taken seriously as investigators rely on them tremendously and can untimely result in a wrongful conviction. From a young age we can see students partaking in the act of false confessions in minor school offenses. In both articles participants were given questionnaires
Barry Winston made a remarkable statement during his appointment with the young man in paragraph 3 on page 111, which states “of course I believe him, but I’m worried about finding a judge who’ll believe him”. However, in my opinion, I wouldn’t have thought him to be vindicated. Moreover, all evidence proved that he was indeed guilty even if he doesn’t remember the incident, the young man had 3 beers
In December, 2011, two years after the unpleasant homicide of Wayne Boyce, the evidence collected for this particular crime suggested Prima Facie existing in the allegations made. The case then went to trial in the NSW Supreme Court of Australia. Where A 19 year old teenager referred by the initials of his name AH as he was a juvenile, pleaded guilty towards the manslaughter of Mr Wayne Boyce, 23 years of age.
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
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...
David Milgaard’s story is one of the most striking and well know representation of wrongful conviction as it happened right here in Saskatoon. Even further than that his case has been called “one of the most famous examples of wrongful conviction in Canada” (CBC News, 2011). In January of 1970, 17-year-old ...
(Kennedy & Haygood, 1992; Williams & Loftus, 1994), which is worrying considering the growing and substantial body of evidence from laboratory studies, field studies, and the criminal justice system supporting the conclusion that eyewitnesses frequently make mistakes (Cutler & Penrod, 1995; Huff, 1987; Huff, Rattner, & Sagarin, 1986; Innocence Project, 2009; Wells, Small, Penrod, Malpass, Fulero, & Brimacombe, 1998). According to a number of studies, eyewitness misidentifications are the most common cause of wrongful convictions (Huff, Rattner, & Sagarin, 1986; Wells et al., 1998; Yarmey, 2003) and, through the use of forensic DNA testing, have been found to account for more convictions of innocent individuals than all other factors combined (Innocence Project, 2009; Wells, Memon, & Penrod, 2006).
In the adversarial justice system, when the offender admits to the criminal act, there is no further controversy and the case promptly proceeds to sentencing. Physical evidence and victim or witness statements may often be overlooked and not considered. The confession is considered unequivocal evidence of guilt and a conviction is ensured. Indeed, the interrogation process’ sole purpose is to obtain a confession. Zimbardo (1967) estimated that “of those criminal cases that are solved, more than 80% are solved by a confession.” (Conti, 1999) Without the confession, convictions may be reduced significantly. So why does a person falsely confess to a crime if the likelihood of a conviction is eminent? A false confession to any crime is self-destructive and counterintuitive.
Help Arrives During the winter of 1999, when all hope that his appeal would be heard became lost, Baltovich decided to contact James Lockyer, a founding director of the Association in Defence of the Wrongly Convicted (AIDWYC), to take carriage of his appeal. The AIDWYC, led by James Lockyer, looked into Baltovich’s case and found numerous problems that were involved in the court proceedings. Two of the biggest problems that they encountered were the reliability of the testimonies from the witnesses, which led the jury to rely too much on information that had a high chance of being false, and the bias point of view of the judge, which led other jury members to follow along with the judge instead of making their own decisions. Many of these issues were brought to the attention of the Ontario Court of
There were three main issues behind the wrongful conviction of David Milgaard, each playing their own role in the ruling. Pre-existing views and perceptions of deviance placed Milgaard among the socially marginalized, making him an easy target for police and public allegations. The broadcast media had a huge impact on public awareness and police actions, presenting a problem with jury discrimination and witness testimony. Finally, and perhaps most inexcusably, misconduct on the part of the Canadian Criminal Justice System in both the investigation and prosecution of the case caused the trial to end in a guilty verdict. If any or all of these factors were more closely investigated or realized at the time, David Milgaard, may not have lost 23 years of his life and this senseless tragedy could have been prevented.
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
“Beyond a Reasonable Doubt” clearly demonstrated the role of a prosecutor in the courtroom. Albeit in a negative manner, Hunter effectively bridged the functions of the police to the criminal justice process during the trial of Metcalfe (Neubauer & Fradella, 2014, p. 150). The murder trial of Metcalfe provided a frightening view of prosecutorial misconduct and unethical behavior of a prosecutor. Hunter betrayed the public he served by conspiring with Lieutenant Merchant to fabricate DNA evidence to ensure victory in the courtroom.
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.
Decades later in 2001 the AIDWYC (Association in Defence of the Wrongly Convicted) became actively involved in the case and asked for it’s reopening. After the review of the case by retired Justice Fred Kaufman and his submission of a 700-page report, in 2004 then Justice Irwin Cotler found “that there was a reasonable basis to conclude that a miscarriage to justice likely occurred” (Timeline of the Truscott Case Truscott Timeline). Also, Irwin Cotler made the Ontario court of appeal listen to the Truscott case again as it was new, with fresh evidence. In 2006 the Court of Appeal listened to witnesses that claimed to see Truscott with Harper on his bicycle crossing a bridge towards Highway 8, years ago on the day of the murder in 1959.
Garrett, Brandon. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Cambridge, MA: Harvard UP, 2011. 86. Print.
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...