A review of the literature unequivocally reveals false confessions are oftentimes deliberately sought after by overzealous criminal justice interrogators who are much more preoccupied with ascertaining a confession -- and an ensuing conviction -- than they are with ascertaining the truth about a particular crime.
Organization
This paper is organized by explaining the concept that false conceptions are deliberately extracted by far too many interrogators for the purposes of a conviction -- regardless if doing so is truthful or not. The author of this document explores this tenet from a variety of differing viewpoints which support it. However, there is a counterpoint to this thesis which is then elucidated. This counterpoint reveals that there are certain circumstances in which law enforcement have taken active measures to determine the truth without the presupposition of guilt or the outcome of a jury trial. Finally, the paper deconstructs those specific circumstances prior to concluding they…...
False confessions are an unfortunate part of the criminal justice system. False confessions are often extracted in order to gain a quick conviction without careful consideration for the facts of the case. This can lead to major problems for the defendant and the court system as defendants try to convince juries of unethically extracted confessions. While many in the criminal justice system believe, a false confession is a rare occurrence, research suggests it is a far more pervasive problem than imagined.
If one were to look at false confessions via the lens of cognitive dissonance, one can see that certain perceptions may lead one to attempt to maintain a belief regardless of potential evidence going against such a perspective. That can often lead to actions committed to 'catch the culprit' without considering the entire picture from evidence and testimony. The recommendation then consists of raising awareness of false confessions by demonstrating…...
Chojnacki, D.E., Ciccini, M.D. & White, L.T. (2008). An empirical basis for the admission of expert testimony on false confessions. 40 Ariz. St. L.J. 1 (2008).
When a false confession has been extracted, the defendant on trial has few recourses. One of their recourses is to convince the jury that the confession was unethically extracted, by calling in expert witnesses in the field of psychology. These expert witnesses can show juries how and why false confessions occur, to show that they are relatively common as well as problematic. However, the authors claim that many judges disallow the expert testimony under the assumption that the jurors are familiar with the topic of false confessions. This article is tremendously helpful in my research because it shows not only that false confessions occur due to bad law enforcement procedures, but also that there is a widespread misperception of how pervasive the problem has become.
Garrett,…...
substances, alcohol and marijuana, which one do you believe can most likely impact the reliability of a statement given by a subject under its influence? Why?
Considering the impact of the two substances, alcohol and marijuana, it seems that the reliability of a statement given by a subject under the influence would be most impacted by consumption of alcohol. Alcohol and marijuana are both know to reduce inhibition and judgment. Naturally, the impact that marijuana or alcohol has on social perception is related to the degree of exposure to or consumption of the drug.
However, a person under the influence of alcohol is less likely to be able to accurately assess how others perceive what they say than a person under the influence of marijuana, and thereby have less concern about exaggeration or misrepresentation when making a statement.
Which personality disorder would most likely provide the least reliable information during an interview?
If…...
mlaReferences
Pearse, J., Gudjonsson, G.H., Clare, I.C., and Rutter, S. (1998). Police interviewing and psychological vulnerabilities: Predicting the likelihood of a confession. Journal of Community and Applied Social Psychology, 8(1), 1-21.
Sigurdsson, J.F. And Gudjonsson, G.H. (2001). False confessions: The relative importance of psychological, criminological, and substance abuse variables. Psychology, Crime, & Law, 7, 275-289.
Woffinden, B. (2002, December 16). Confessions of a forensic psychologist. The Guardian. [Website]. Retreived http://www.theguardian.com/world/2002/dec/17/law.ukcrime
False Identification and Lineup Instructions Biased/Unbiased
There are many instances where people have been wrongly accused only because they were falsely identified or either because there was not enough evidence present that would prove them guilty. George Allen Jr. was convicted in 1983 on the charges of capital murder, rape, sodomy and first degree burglary. It has been noted that the reason for his false conviction was false confession, invalid or improper forensic evidence and government misconduct (Innocenceproject.org, 2013). Another case is of Barry Gibbs who was charged with second degree murder in the year 1988. He was wrongly charged due to eyewitness misidentification and government misconduct. It was noted that Barry Gibbs served 17.5 years of jail time before he was exonerated in the year 2005. (Innocenceproject.org, 2013)
These cases therefore give an idea that eyewitness misidentification is a very important cause of wrongful convictions all over the country and the…...
mlaReferences
Brandon, R. & Davies, C. (1973). Wrongful imprisonment. [Hamden, Conn.]: Archon Books.
Buckhout, R. & Others (1974). Determinants of eyewitness performance on a lineup.. Bulletin of the Psychonomic Society, 4 (3), 191-192.
Christianson, S. (1992). Emotional stress and eyewitness memory: a critical review. Psychological bulletin, 112 (2), 284.
Grether, W.F., & Baker, C.A. (1972). Visual presentation of information. In H.P. Van Cott & R.G. Kinkade (Eds.), Human engineering guide to equipment design (pp. 41-121). Washington, D.C.: American Institutes for Research
St. Augustine's autobiography Confessions is an honest, if not severe, work of introspection. Although many of its themes and motifs are outmoded, there are core elements that remain relevant to modern readers, which is why Confessions remains critical reading as literature and religious studies. The primary focus of Confessions is on the transformation of a sinful boy into a devout Christian man. Because St. Augustine's Confessions is so compelling, the themes in the autobiography have inextricably woven themselves into the life and evolution of the Catholic Church. In particular, the theme of guilt is one that the Catholic Church may have derived from its internalization of St. Augustine's Confessions. However, there is more to Confessions than the self-lamentations of a guilt-ridden man and there is much in the autobiography that I can relate to. St. Augustine discusses morality at great length, for instance. He talks about the fact that he…...
In ook Eleven, Augustine contemplates the possibilities that lay in wait upon his death, possibilities that surely would have come to fruition if he had not converted to Christianity, being damnation and eternal punishment at the hands of Satan and his hosts in Hell. In Part 16, Augustine poses the question, "ut do I ever pass away? O. my soul, commit whatsoever you have to him, for at long last, you are now becoming tired of deceit. Commit to Truth... And you will lose nothing. What is decayed will flourish again; your diseases will be healed; your perishable parts shall be reshaped and renovated and made whole again... " (Hutchins, 153). Certainly, Augustine came to understand that death was nothing to be feared if a person puts his entire trust and faith in God. Augustine is also relating what Jesus Christ told his disciples in the New Testament, namely, that…...
mlaBibliography
Hutchins, Robert Maynard, Ed. The Confessions of St. Augustine. 4th ed. Vol. 18. Chicago: Encyclopedia Britannica, Inc., 1952.
Petersen, John W., Ed. The Encyclopedia of Religion. 6th ed. Vol. 2. New York: The Philosophical Press, 1964.
It was not simply that his body did not obey his will and that he possessed a stronger spiritual and a physical will after his conversion, but that before his conversion his will was not fully sincere internally. He had not yet accepted God's grace, and submitted to God. Before he was converted he said: "the power of willing is the power of doing; and as yet I could not do it. Thus my body more readily obeyed the slightest wish of the soul in moving its limbs at the order of my mind than my soul obeyed itself to accomplish in the will alone its great resolve" (10.VI.20). hen his spiritual will truly accepted Christ, his body followed and God freed him from unwanted desire. He accepted his lack of ability to master his body, and accepted that he needed grace to be good.
Thus although he speaks of…...
mlaWorks Cited
Augustine. "Confessions." Christian Classics Ethereal Library. 11 Nov 2008. http://www.ccel.org/ccel/augustine/confessions.xi.html
Conversion of St. Augustine comes about it would seem, as the result of three major forces. Augustine's mother was a Christian and never quit praying for him or witnessing to him; Augustine himself, spent, it would seem, every day of his life, in a search for something he could identify as Truth; and finally as he continued to "hold out against God," there were a series of witnesses to him where people shared either their own conversion or the conversion of others including some famous teachers.
A major factor in Augustine's whole life is the influences his mother had on him. She was Christian, and through his whole time of seeking for truth she made no secret of her wishes and prayers for him.
In Book III of Saint Augustine: Confessions, Augustine relates his life at the time he went to Carthage to continue his studies. He opens this Book with this…...
mlaWorks Cited
Davis, Cyprian. "Black Catholic Theology: A Historical Perspective." Theological Studies 61.4 (2000): 656. Questia. 10 May 2005 .
Dinter, Paul E. "Catholics' Romance with Celibacy: Is the End Near?." USA Today (Society for the Advancement of Education) Nov. 1994: 72+. Questia. 10 May 2005 .
Mcpherson, C.W. "Augustine Our Contemporary." Cross Currents Spring 2000: 170. Questia. 10 May 2005 .
Neuhaus, Richard John. "How I Became the Catholic I Was." First Things: A Monthly Journal of Religion and Public Life Apr. 2002: 14+. Questia. 10 May 2005 .
Augustine's main problem when it came to conceiving of the spiritual nature of God? What solution did he find?
Before answering this question, it is important to clarify what exactly is meant by "spiritual nature of God." Many things could be meant by this phrase, but for the purposes of this essay, I stipulate that it refers to "any substance... other than that which the eyes normally perceive" (Conf., VII.i.1). In many senses, Augustine was rather positivistic in his inability to imagine that things existed beyond what his physical eyes could see. He relied completely on his physical senses for information concerning the nature of reality, and was intent on describing the world around him strictly in human terms. Thus his difficulties with understanding what people meant when they portrayed God in ways that were not readily evident to his five senses:
was becoming a grown man. But the older I…...
Psychology -- Central Park ogger
Matthew ohnson's The Central Park ogger Case - Police coercion and secrecy in interrogation (ohnson, 2003), posits the reasonable theory that police interrogation is "ripe for abusive treatment" and the equally reasonable position that custodial questioning should be entirely recorded and preserved. While ohnson was wise to focus on the Central Park ogger case and place it in historical/cultural context, he focused so intently on race considerations that he made some logically weak assertions about the race factor and omitted or glossed over equally effective supporting points about legal principles and the impact of adolescence on false confessions. The results of ohnson's approach are a reasonable theory and a tenable position that could be supported by far stronger arguments.
Introduction
The problem of false confessions remains a significant problem in the American criminal justice system, particularly when the Defendant is a nonwhite adolescent. As the Central Park ogger…...
mlaJohnson illustrates his points by placing the CPJ case in historical and cultural context.
Historically, European colonialism of America involved enslavement and genocide. Even after passage of the Emancipation Proclamation, slave states continued to enslave by criminalizing various activities of African-Americans and forcing them to labor on plantations, for other private businesses and for the state; the CPJ case occurred during a time of increased youthful lawlessness (Johnson, 2003). Culturally, Johnson points to the "unique racialized fears of Manhattan, and its pristine Central Park, being overrun by lawless, inner-city, black and Latino youths" (Johnson, 2003), but even more broadly: the U.S. is the world leader in incarceration; it is used race-related slavery in its recent past; it gives police broad powers in investigation, apprehension and interrogation; the U.S. is "captivated by crime"; our society essentially leaves police unsupervised; there is a prevailing attitude that as long as you do not look "criminal" you do not have to worry about the police, with the result that suspects are regarded as criminals. In Johnson's estimation, this results in a combination of police coercive powers and secrecy that often contaminate the interrogation process and thus criminal justice proceedings.
Johnson also briefly mentions 3 types of false confessions: voluntary, coerced-compliant, and coerced-internalized (Johnson, 2003). A "voluntary" false confession is
DNA Exonerations: John Kogut
The Path To Exoneration: John Kogut
The Path to Conviction
When 16-year-old Teresa Fusco left work at 9:45 PM on November 10, 1984 she became one among several young girls reported missing over the past several years [Centurion Ministries, 2013; Innocence Project, n.d.(a)]. In contrast to her predecessors, however, her body was discovered a month later in a wooded area several blocks from the roller rink where she worked. According to the autopsy, Teresa had been raped and murdered. Semen and sperm were collected from her body and the marks on her neck revealed that she had been strangled with a rope or cord. Also found at the scene were her jewelry and the murder weapon. The coroner's office, however, failed to conduct a blood type analysis on the semen.
The Nassau County police were under tremendous pressure to solve these disappearances, especially Teresa's rape and murder [Innocence Project, n.d.(a)].…...
mlaReferences
Centurion Ministries (2013). Dennis Halstead, John Kogut, & John Restivo, Long Island, NY. CenturionMinistries.org. Retrieved 6 Oct. 2013 from http://www.centurionministries.org/cases/dennis-halstead-john-kogut-and-john-restivo/.
Drumm, David. (2013, May 11). Why the FBI doesn't record interrogations. JonathanTurley.org [blog]. Retrieved 7 Oct. 2013 from http://jonathanturley.org/2013/05/11/why-the-fbi-doesnt-record-interrogations/ .
Editors. (2013, Jan. 1). America's retreat from the death penalty. New York Times, A18. Retrieved 7 Oct. 2013 from http://www.usatoday.com/story/news/nation/2013/03/15/maryland-death-penalty/1989977/ .
Gootman, Elissa. (2003, Jun. 12). DNA evidence frees 3 men in 1984 murder of L.I. girl. New York Times, B1, B5. Retrieved 7 Oct. 2013 from http://www.nytimes.com/2003/06/12/nyregion/dna-evidence-frees-3-men-in-1984-murder-of-li-girl.html .
In many ways, Russia is still recovering from it, trying to deal with the fact that only a few decades ago, it inflicted on itself one of the worst holocausts in human memory" (Hochschild, 1993). Therefore, the purges were used on the one hand to discourage the people and the elites in particular from establishing a dissident opposition or a negative pole of power that could have countered the Soviet regime.
Also, another possible justification of the way in which the Soviet regime acted in that period was the complete elimination of the possible negative influences from the old regimes or more precisely of the opposing forces in Russia. More precisely, "the decade of the 1930s saw the renewal of the Soviet leading stratum. During the period the.regime progressively unburdened itself of its legacy of class prejudice and rose to its full totalitarian posture" (Unger, 1969, 2). The regime of…...
mlaBibliography
Beichman, Arnold. "Pulitzer-Winning Lies." The Daily Standard. 2003. http://www.theweeklystandard.com/Content/Public/Articles/000/000/002/791vwuaz.asp
Bernard, Henri. Le communisme et l'aveuglement occidental (Soumagne, Belgium: editions Andre Grisard, 1982)
Boris Bajanov, Avec Staline dans le Kremlin. Paris: Les editions de France, 1930, pp. 2 -- 3.
Connor, Walter D. "The Manufacture of Deviance: The Case of the Soviet Purge, 1936-1938." American Sociological Review, Vol. 37, No. 4, 1972, pp. 403-413.
Research Question: When do police interrogation techniques lead to false confessions/false witness testimony, and how can false confessions be prevented?
Annotation1
Reference: Forrest, K.D., Wadkins, T.A. & Larson, B.A. (2006). Suspect personality, police interrogations, and false confessions: Maybe it is not just the situation. Personality and Individual Differences 40(3): 621-628.
Annotation: The authors empirically test the hypothesis that there are personality traits that might be associated with false confessions. The authors recognize that prior research has often focused on environmental factors in the police interrogation setting, but that personality and individual difference might also have a bearing on a person’s susceptibility to falsely confessing. For example, the authros claim that prior studies have focused on interrogation length, presentation of false evidence and other manipulative ploys, and the leaking of case details to stimulate a false confession. Prior research on personality traits includes variables like suggestibility and locus of control. This study also focuses…...
The Central Park Five case demonstrates some of the problems with police interrogation techniques, and also the policies and procedures applied to juveniles. In every case, law enforcement uses criminal interrogation as a primary means of data collection. However, the purpose of criminal interrogation is not necessarily as straightforward as it may seem. The use of criminal interrogations to elicit confessions often leads to the implementation of methods that are ineffective at gaining the truth, even while they may be highly effective at gaining wrongful convictions.Intimidation, deception, and psychological abuse are some of the methods that may be used during police interrogations due in part to political and work-related pressures to gain confessions from a suspect at all costs (Kossowska & Grochowska, n.d.). In the 2012 Ken Burns documentary about the Central Park Five case, viewers have access to footage that directly captures the interrogation techniques the police used with…...
mlaReferencesBurns, K., McMahon, D. & Burns, S. (2012). The Central Park Five. [Documentary]. N.J. (2004). The Central Park Five, the Scottsboro Boys, and the myth of the bestial black man.25 Cardozo L. Rev. 1315 (2003-2004) Kassin, S.M. (2005). On the psychology of confessions. American Psychologist 60(3): 215-228.Kassin, S. M., Meissner, C. A., & Norwick, R. J. (2005). \\\\\\\\\\\\\\\"I\\\\\\\\\\\\\\\'d Know a False Confession if I Saw One\\\\\\\\\\\\\\\": A Comparative Study of College Students and Police Investigators. Law and Human Behavior, 29(2), 211-227.Kossowska, M. & Grochowska, K. (n.d.). Fact sheet: police interrogations. https://www.eaplstudent.com/component/content/article/196-fact-sheet-police interrogations. Criminology and Public Policy 6(4): 791-798.Leo, R.A. & Richman, K.D. (2007). Mandate the electronic recording of police interrogations. Williamson, T. (2013). Investigative Interviewing. Routledge. http://www.pbs.org/kenburns/centralparkfive/ Duru,
Complexities of Capital Punishment
1. Ethical and Moral Implications: Explore the ethical and moral dilemmas associated with the death penalty, considering arguments for and against its use based on concepts such as retribution, deterrence, and the sanctity of life.
2. Racial and Economic Disparities: Analyze the racial and economic disparities in the application of the death penalty, examining the role of systemic racism and socioeconomic factors in sentencing outcomes.
3. Psychological and Neurological Aspects: Discuss the psychological and neurological implications of the death penalty, including the mental anguish it inflicts on individuals sentenced to death and the potential for irreversible mistakes in sentencing.
Debating....
Recent Supreme Court Decisions and Their Impact on the Criminal Justice System
The Supreme Court of the United States (SCOTUS) plays a pivotal role in shaping the criminal justice system through its decisions on constitutional rights, prosecutorial practices, and sentencing guidelines. Recent years have witnessed several significant SCOTUS rulings that have had a profound impact on the system, shaping the way criminal cases are investigated, tried, and adjudicated.
Miranda Rights and Police Interrogations
Miranda v. Arizona (1966): Established the "Miranda rule," requiring law enforcement officers to inform suspects of their rights to remain silent, have an attorney present, and stop being questioned....
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now