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Bias in the judicial system
False confessions and police questioning
False confessions and police questioning
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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).
One of the last types of ways investigators are coached to detect deception is in the behavioral attitudes of a person being interviewed such as being unconcerned or over anxious (Kassin, 2005). The success rate of looking for these cues are very successful in telling if an individual is being deceitful and has surpassed any laboratory tests conducted on the subject. The laboratory test however did reveal some interesting facts. The research showed that people who had training and experience did not score better than the control group who received no training. In fact all individuals scored at the chance level with the people who had training scored just above chance or at the chance level. To check if special training in the detection of deception was more accurate a study ...
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...e was deception or false promises made.
The reforms that have been mentioned in this article do seem to make sense when dealing with your everyday criminal in order to be fair in their treatment. When it comes to military courts however I do not feel they should apply because of the specialized training they receive as they may be able to endure longer interrogation sessions or harsher treatment without breaking down and confessing. I am a firm believer in the videotaped interrogations because as the article states it is a neutral eye and can show exactly what happened. There is no doubt that some police departments take advantage of the long sessions or coaching in order to achieve their goals of obtaining a confession. In order to be fair and keep the justice system blind so that only facts are previewed some reforms are going to be needed to make this happen.
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
168). Other than the police stopping brutality internally, the use of civilian review boards can be used. These boards must be able to receive all the evidence in a case, including the police audio tapes, in order to make fair judgment if excessive force was used or not. If excessive force is present in cases, these review boards must be able to punish the police or they are almost useless. Whether or not a person believes police brutality is a serious problem, it must be stopped. In some cases, where more force is needed than in others, it is still there. Even in areas where police and the use of excessive force is not a huge problem, it must be decreased properly by both the police and the public. Finally, there needs to be rules making sure it never happens again.
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
(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).
During the identification and prosecution of a suspect, eyewitnesses are the most important. Eyewitness testimony needs to be reliable as it can have serious implications to the perceived guilt or innocence of a defendant. Unfortunately, the reliability of eyewitness testimony is questionable because there is a high number of eyewitness misidentification. Rattner (1988) studied 205 cases and concluded that eyewitness misidentification was the factor most often associated with wrongful conviction (52%). Eyewitness testimony can be affected by many factors. A substantial literature demonstrates own group biases in eyewitness testimony. For example, the own-race bias, in which people are better at recognizing faces of their own race versus another
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.
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)” 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.
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.
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
However, after reading the article the author noted that police are mandated to enforce civilian law and order, investigate crimes, and strictly follow legal procedures even when in pursuit of chronic and dangerous criminals (Kagoro, 2014). Ideally, it has been argued, there should be strict dividing lines between the police and the military; the former for domestic purposes with the latter protecting citizens from external threats (Kagoro, 2014). In his article on the anti-militarization of the police in the United States, Kurt Andrew Schlichter aptly put it that the military is designed, organized, and equipped to execute rapid, violent and efficient obliteration of the “enemy”-whoever the enemy may be ( Kagoro, 2014). However, the law enforcement is usually modeled after the military and in fact there a large number of police officers who are former military personnel. This was a new criticism of police that was unfamiliar to me in the study of criminal justice but, I found it to be a valid point. The idea of changing the focus of policing to be less of a battlefield and more of a community may be a compelling approach to make interaction with citizens less
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.
Deceit is the action or practice of deceiving someone by concealing or misleading the truth. Deception has always been a part of psychology and researchers have always determined that in the majority of cases the deceptions are harmless or minimal, yet they still exist. As a result of Mailgram’s experiment, deceptive research operations are now under harsh examination all across the discipline. It is obvious that Milgram’s intent was not to revol...
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,
A popular way on many crime dramas to determine if a suspect is lying or telling the truth is by hooking them up to a polygraph machine. In a matter of a minute the police are able to determine if the suspect is lying and guilty or, on the rare occasion, telling the truth and innocent. But, one has to wonder, is it really that simple? Polygraphs measure four main factors that are thought to change when a lie is told and more importantly, it is assumed that these changes indicate deception. The four main factors are blood pressure, heart beat, perspiration, and breathing and these are recorded by using simple devices. It is important to note from the beginning that those who question the reliability of polygraphs do not doubt the reliability of the measurements, but the ability of the measurements to indicate and/or prove deception. Even though doubt exists as to the reliability, polygraphs are used not only in law enforcement settings, but also in intelligence agencies, in the maintaining security of industry, and for public safety and service around the world. Despite its prevalence, there are many groups that call into question the effectiveness, reliability, and fairness of polygraph testing. This paper will explore this question by first looking into the history of polygraphs including court rulings and how polygraph tests are done, then current use, and finally looking at sources of bias and error in the test and the process.
(Porter, Woodworth & Birt, 2000) However after training there was a significant increase in all groups. The parole officers increased their deception detecting up to 76% percent accuracy, students with feedback and training increased to 70%, students with only feedback increased to 65% and the control group rose to 62%. (Porter & Woodworth & Birt, 2000) This work implies that it is indeed possible to raise an individual’s ability to above chance when significant training is involved. Porter et al., (2000) speculates that the control group was able to increase the detection rate because of the fact that they were observing critically or possibly pursued research outside of the