Michael Crowe: A Case of Poor Interrogation Technique
There is no single correct way to conduct an interrogation, just as there is no single correct way to write a novel or to design a building or to raise a child. However, there are certainly a number of incorrect ways to interrogate a subject, and the 2002 movie The Interrogation of Michael Crowe unfortunately demonstrates a number of them. "Unfortunately" because the movie is based on a real case and the examples of poor-to-the-point-of-unethical interrogation techniques had terrible consequences for Michael Crowe as an individual as well as for the rest of his already-grieving family. The police spent hours interrogated Michael, a fact that meant that he was unable to attend his sister's funeral, a fact that damaged the family as a whole.
The facts of the case as they are presented in the movie appear to be accurate when they are compared…...
These individuals are at risk of either confessing to crimes they did not commit or otherwise compromising their rights by virtue of inappropriate police interrogation techniques (Gudjonsson, 2003), a fact that has increasingly been recognized by the courts in their evaluation of the constitutionality of the interrogation methods that were used by police during their confinement preparatory for trial (Kinports, 2007).
Conclusion
Taken together, the research indicated that police interrogation remains an art rather than a science, and that every situation is unique and demands interrogation techniques that are appropriate. In a perfect world, there would be no crime, but the harsh reality of the human condition is that there are always going to be criminals who will try anything to avoid being caught, and when they are caught, will try anything to avoid being convicted. In their haste to secure a confession with career criminals or in cases where time…...
mlaReferences
Blackman, J. (2011). The constitutionality of social cost. Harvard Journal of Law & Public
Policy, 34(3), 951-955.
Black's law dictionary. (1991). St. Paul, MN: West Publishing Co.
Feld, B.C. (2006). Police interrogation of juveniles: An empirical study of policy and practice.
Once the suspect is "the accused," and the right to counsel has been attached, the suspect cannot be interrogated by any means, including by undercover officers or secretive means. Only when the suspect openly volunteers information and waives a lawyer, can information after he is "the accused" be used against him or her. This even applies when a suspect is out of jail on bail awaiting trial. These methods cannot be used to obtain additional evidence, or the Sixth Amendment will be violated, and the evidence will not hold up in court. In addition, officers must know the suspect's condition and status at all times, and if they do not, they must assume the suspect falls under Sixth Amendment rights.
Obviously, there are several precautions necessary when dealing with the thorny problems of the Sixth Amendment. Officers must be constantly aware of the suspect's rights, and of the moment when…...
mlaReferences
Chapter 9. "Interrogation and the 6th Amendment."
Gardner, Martin R. "The Sixth Amendment Right to Counsel and Its Underlying Values: Defining the Scope of Privacy Protection." Journal of Criminal Law and Criminology 90.2 (2000): 397.
.. information or a confession, punishing him for an act he... has committed or is suspected of having committed, or intimidating or coercing him (qtd. "United Nations").
The effects of the Abu Gharib scandal, and the other interrogation concerns coming from Guantanamo Bay, led to the recently passed Military Commissions Act, which further clarifies the United States' position on the use of alternative interrogation methods and what is and is not acceptable, including the discontinuance of the use of waterboarding.
Again, although the use of alternative interrogation techniques, such as sleep deprivation or long time standing have the same goals of information retrieval, their similarities end there. Standard interrogation does not involve coercive methods. Prisoners or sources may be mentally intimidated, but they do not suffer physical or mental harm. Even the information garnered can be vastly different. Information received by standard interrogation methods is typically considered more reliable than that of…...
mlaReferences
Horton, S. When Lawyers are War Criminals. 12 Oct 2006. Pace Law School. November 25, 2006 http://library.law.pace.edu/blogs/jib/2006/10/when_lawyers_are_war_criminals.html .
Interrogation. 15 Nov 2006. Wikipedia.com. November 25, 2006 http://en.wikipedia.org/wiki/Interrogation .
Scelfo, J. & Nordland, R. "Beneath the Hoods." Newsweek (2006). November 25, 2006 http://www.msnbc.msn.com/id/5412316/site/newsweek/ .
Sullivan, A. "Torture by Any Other Name is Just as Vile." The Sunday Times (24 Sept 2006).
Interviewing and Interrogation Techniques
Interviewing and interrogation is an imperative component of the criminal justice system, particularly in cases with limited or non-existent physical evidence. In cases such as these, the information gleaned from interviews and interrogations typically make up the body of the evidence against a particular suspect or number of suspects, hence the importance of learning and practicing effective interview and interrogation techniques. For the purposes of this paper, I will begin by discussing the differences between an interview and interrogation, in addition to the differences between a witness and a criminal suspect. I will then discuss the various techniques imployed by law enforcement investigators, to include the popular eid Technique of interrogation.
An investigative interview typically precedes an interrogation. In many cases, interviews of potential witnesses -- who at the time of interview commencement are typically not considered criminal suspects -- reveal key information leading to the identification and/or…...
mlaReferences
Inbau, F.E., Reid, J.E., Buckley, J.P. & Jayne, B.C. (2004). Criminal Interrogation and Confessions. Sudbury: Jones & Bartlett Learning.
Jayne, B.C. & Buckley, J.P. (2011). The Reid Technique of Interrogation. Retrieved April 8, 2011 from http://www.reid.com/educational_info/canada.html
Thakur, N.C. (2010). Interview and Interrogation in the Investigation of Crime. Retrieved April 9, 2011 from http://ncthakur.itgo.com/chand3a.htm
Interviews and Interrogation
Interview and Interrogation
According to Borum, Gelles and Kleinman (2009) law enforcement interrogators historically have made a distinction between the concepts of an interview and an interrogation. One commonly understood difference is that the purpose of an interview is to gather information, whereas the primary purpose of an interrogation is to garner a confession from a suspect who is presumed to be guilty.
Another difference (Inbau, 2001) involves the presence or absence of an accusation during the interaction. An interview is non-accusatory. During an interview, the investigator is encouraged to adopt a neutral and objective attitude and is instructed not to accuse the subject of wrongdoing. By contrast, an interrogation is accusatory. The interrogator will often begin an interrogation by directly accusing the suspect of committing the crime that is under investigation, and the entire interaction will revolve around that accusation.
Inbau (2001) notes the goals of the two processes are…...
mlaReferences
Borum, R., Gelles, G.G., & Kleinman, S.M. (2009, January). Interview and interrogation: A perspective and update from the U.S.A. University of South Florida. In Selected Works, Draft Version, Chapter 6. Retrieved May 17, 2011 from http://works.bepress.com/cgi/viewcontent.cgi?article=1043&context=randy_borum&sei-redir=1#search= "the+difference+between+interrigations+and+interviews
Find Law. (2011). Miranda warnings and police questioning. FindLaw. Retrieved May 17, 2011 from http://criminal.findlaw.com/crimes/criminal_rights/your-rights-miranda/when-miranda-required.html
Inbau, F.E. (2001). Criminal interrogation and confessions. 4th ed J.E. Reid, J.P. Buckley, & B.C. Jayne (Eds.) New York: Aspen Publishers.
He may present the existing evidence to the offender in a way that makes the guilt appear more certain than it perhaps is, or if he enhances the confidence in the evidence, this could be an effective and acceptable approach to elicit a confession. Coercion and lies, however, should not be an acceptable interrogative practice.
n another case in 1987, detectives lied to Florida resident Thomas Sawyer about the presence of physical evidence at the crime scene. They told the man that they found his hair and clothing fibers on the murder victim's body. After spending 14 months in jail awaiting trial, Sawyer's coerced confession was suppressed and he was exonerated in 1989.
Granted, the ramifications of not finding the murderer are severe. There are two things to consider when dealing with an accused person. f evidence is not clear and he is the real offender, letting him go risks the…...
mlaIn another case in 1987, detectives lied to Florida resident Thomas Sawyer about the presence of physical evidence at the crime scene. They told the man that they found his hair and clothing fibers on the murder victim's body. After spending 14 months in jail awaiting trial, Sawyer's coerced confession was suppressed and he was exonerated in 1989.
Granted, the ramifications of not finding the murderer are severe. There are two things to consider when dealing with an accused person. If evidence is not clear and he is the real offender, letting him go risks the possibility of a repeat offense. If he is not the real offender and he is imprisoned without clear evidence then an innocent person is being punished. The second would be crueler. Deception should not be used in order to avoid the possibility of a false confession. Imprisoning an innocent man is more of a crime than not imprisoning a guilty man and therefore, investigators should not force an accused to make a confession that is false.
There are other more reliable ways to prove an accused guilt, which should be exhausted before considerations for interrogative deception should be made. In conclusion, deception should be based on a substantial amount of incriminating evidence and not on clear lies as in the two cases presented above.
Security Interviews and Interrogation
THE WHAT's AND THE HOW's
Security Interviews and Security Investigations
The Difference
Offhand, interrogations are conducted with criminal suspects, while interviews are held with witnesses to crimes and with job applicants (Stephens, 2014). All kinds of questions can be asked when interrogating suspects. ut certain questions are not allowed when interviewing job applicants. These questions include age, the applicant's children and number of marriages, disability, race or ethnicity, marital status, political beliefs and party, faith or religion and sexual orientation or preference (Stephens).
Interviews and interrogations are also conducted differently. Female witnesses differ in perception from male witnesses (Stephens, 2014). Women tend to focus on the suspect's eyes to sense his or her motive, while men tend to take note more of the build and arm length. Many experts say that children are the best witnesses in general. Their recall of incidents should, therefore, be protected. Interviewing them should be left…...
mlaBIBLIOGRAPHY
Reid, J.E. (2005). Trickery and deceit during an interrogation. John E. Reid and Associates. Retrieved on June 22, 2014 from http://reid.com/educational_info/r_tips.html?serial=1107286261495331&print= [print]
Stephens, S.L. (2014). To interview or interrogate -- know the difference. Net Places:
About.com. Retrieved on June 21, 2014 from http://www.netplaces.com/private-investigation/interviewing-and-interrogation/to-interview-or-interrogate-know-the-difference.htm
Laws and Legal Limitations in the United States Have Affected the Use of Coercive Interrogation echniques
After the 9/11 attacks, the United States' government abandoned its policy going against torture. Many professionals devised the move like those from the health care, lawyers justifying it, with the higher levels of government authorizing it. A program deemed with psychological and physical abuse was used on the detainees stationed in Guantanamo Bay. Nonetheless, the government has been known for championing the rights of prisoners around the globe through various laws. hrough several legal frameworks, the country has been purposing to develop "a new country in the new world that would distinguish itself from its humanity." his was done even before the First World War. Part of the participatory preparations that ensure non-use of force among the detainees was the signing and ratification of the Geneva Convention by the United States of America. he…...
mlaThe legislation and limitations against coercive interrogation techniques have affected heavily by the process of soliciting technical information from the criminals. As far as the government of George Bush of the United States of America was against torture on grounds of going against human rights, the limitations have complicated the entire process of accessing criminal information from the sources. With the attacks of 11, 2011, it became apparent that the restrictions were protecting the interests of the offenders, most of which were against the processes of acquiring necessary information from them about criminality. The use of force serves to be one of the mechanisms of minimizing crime in the United States of America. Now, the rates of crime have been subdued merely because of fear of torture when arrested. The limitations paved way for detainees or suspects to engage in crime, and remain adamant throughout the interrogation process. Most of these criminals are not able to convey the necessary information that has hindered the investigation into occurrences of crime in the country and the world as a whole.
Crime has escalated in the United States of America only because criminals know they will not be subjected to any physical and psychological torture when they are in the bases like in Guantanamo Bay. The interrogative processes that are used to access information about criminal activities are somewhat limited to non-use of torture and any other similar technique, as proposed and protected by the legal restrictions. Therefore, the entire process of managing access to criminal information has become hard for many investigators. Just like in Guantanamo Bay before the 9/11 attacks, most cases assumed to have no basis for obtaining such information was restricted to the humane procedures. Evidently, they bore limited results and successes.
Although the restrictions have acted as hindrances to qualitative ways of managing criminal activities, it has brought in the essence of humanity and respect for humanity in the world. Some of the torture methods are beyond the sense of humankind. With the use of the restrictions, such processes have been eliminated. The society has emerged as sound in protecting the human rights and acting within the boundaries of humanity. Therefore, there is a substantial gain and loss with the use of the restrictions in the United States of America and the world as a whole.
Interrogation Techniques
Rodley (2000) defines torture as an authorized interrogation technique under which a person is harmed deliberately in order to force him to say or do something. Despite being forbidden by the International Law in the twentieth century international legal prohibitions, the act of torture still continues stealthily or in the open. This issue has resurfaced due to the growing fear of War of Terror and the WMD (Weapon of Mass Destruction). This problem can be viewed with much more detail with the "ticking time bomb" theory.
Charles Krauthammer, the syndicated columnist and conservative political commentator, wrote in "The Truth about Torture" (2005) published in The Weekly Standard, that some changes be made to the Detainee Treatment Act (2005). The DTA was introduced by Sen. John McCain (R-AZ), forbidding all kinds of cruel treatment of the people in custody of the United States. However, Krauthammer suggests that there should be…...
mlaBibliography
Krauthammer, Charles. "The Truth about Torture: It's time to be honest about doing terrible things." The Weekly Standard. 5 Dec 2005. 27 Jan 2012. Retrieved from http://www.weeklystandard.com/Content/Public/Articles/000/000/006/400rhqav.asp
Rodley, N.S. 'The Treatment of Prisoners Under International Law' (2nd edition) (Oxford University Press, 2000)
Silverberg, E. (2013, July 14). A Rhetorical Analysis of Krauthammer's "The Truth about Torture." Retrieved from Maxima Scribe: https://maximascribe.com/2013/07/14/a-rhetorical-analysis-of-krauthammers-the-truth-about-torture/
Smith, K. (2007). Is Torture ever Morally Acceptable? If so, Under what Circumstances? If not, why not? E-International Relations Students.
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,
The Rationale for and the Efficacy of Torture during Interrogation
Although information from interrogational torture is unreliable, it is likely to be used frequently and harshly. ==John W. Schiemann, 2012
Introduction
The epigraph above is indicative of the growing consensus concerning the lack of efficacy of torture in providing interrogators with reliable concealed information Concealed information is the foundation of the majority of security issues. In most cases, concealed information is a situation wherein one individual knows something that someone else does not know. Consequently, the majority of security issues could be resolved if there was a dependable method of determining those cases in which an individual was concealing information and extracting that information effectively. To date, though, there has not been a dependable method developed.1 For instance, polygraph research has been unable to achieve an accuracy level that would make the results acceptable in courtrooms in the United States even though the…...
Torture Policy IssueExecutive SummaryThis report examines the ethical, legal, and practical considerations involved in the potential use of \\\"enhanced interrogation\\\" techniques on a suspected terrorist believed to be involved in a planned attack. The interrogation of a suspect believed to possess crucial information about the impending attack forms the crux of our examination. This report explores two fundamental policy options. The first involves authorizing the use of \\\"enhanced interrogation\\\" methods, which may accelerate information extraction but carries significant moral, legal, and reputational risks. The second option is upholding our existing policy prohibiting such methods, which safeguards our adherence to international law and human rights, but can be perceived as limiting in the face of a significant threat. After comprehensive analysis, our recommendation is to maintain the current policy against the use of \\\"enhanced interrogation\\\" techniques or torture.Statement of the Issue/ProblemIn the face of an impending terrorist attack that threatens both…...
mlaReferencesBrayne, S. (2017). Big data surveillance: The case of policing. American sociological review, 82(5), 977-1008.Dershowitz, A. M. (2002). Should the ticking bomb terrorist be tortured. In Why Terrorism Works: Understanding the Threat, Responding to the Challenge (pp. 130-164).Bufacchi, V., & Arrigo, J. M. (2006). Torture, terrorism, and the state: A refutation of the ticking bomb argument. Journal of Applied Philosophy, 23(3), 355-373.Luban, D. (2007). Liberalism, torture and the ticking bomb. In S. Lee (Ed.), Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory (pp. 261-282). Springer.Reeping, P. M., Jacoby, S., Rajan, S., & Branas, C. C. (2020). Rapid response to mass shootings: A review and recommendations. Criminology & Public Policy, 19(1), 295-315.
a) Changes in APA Public Policy
According to several changes made in APA Public policy with relation to the role of psychologists in the interrogations session, APA has prohibited its psychologists from taking part in the varied torture or cruel, inhuman or degrading interrogation techniques by stating, "No psychiatrist should participate directly in the interrogation of persons held in custody by military or civilian investigative or law enforcement authorities, whether in the United States or elsewhere. Direct participation includes being present in the interrogation room, asking or suggesting questions, or advising authorities on the use of specific techniques of interrogation with particular detainees (Pope, 2008, Psychologists at the Center of the Controversy)." urthermore, it was asserted through referendum which took place in 2008 that psychologists must not operate outside territories which are under the jurisdiction of international law such as Guantanamo, Bagram, or the CIA or JSOC "black site" prisons, and…...
mlaFurthermore, since APA complies with United Nations definition of human rights, it can be implied that APA's definition of human rights includes universality and inalienability. The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions (UNHR, 1996). Hence, APA recognizes humans to have rights which cannot be taken away (APA, 1987).
Impact of U.S. Policies on Detainees
Where treaties like Geneva Convention and convention against torture and other cruel, inhuman or degrading treatment or punishment, prohibit any inhumane behavior resulting into physical and mental distress, there are no governing bodies to supervise the law and order agencies as an organization like APA has been
Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To make matters worse, they violated his constitutional rights in the process. These issues are highlighting how there were questionable tactics used to obtain the confession. To fully understand what is occurring requires focusing on: possible arguments which can be raised on Stone's behalf, if there was a violation of his constitutional rights and case law that supports these claims. Together, these elements will illustrate how Stone's civil rights were violated during the course of the investigation.
Discuss the arguments you think Taylor will raise on Stone's behalf regarding the lineup, interrogation, and confession.
There are a number of arguments which can be raised that will demonstrate…...
mlaReferences
Bill of Rights. (2012). Archives.org. Retrieved from: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Fourteenth Amendment. (2013). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/constitution/amendmentxiv
Sixth Amendment Supreme Court Cases. (2013). Revolutionary War and Beyond. Retrieved from: http://www.revolutionary-war-and-beyond.com/sixth-amendment-court-cases-right-to-counsel-clause.html
Gates v. Illinois. (2010). U.S. Supreme Court Center. Retrieved from: http://supreme.justia.com/cases/federal/us/462/213/
Criminal investigation is a broad field of study that covers any and all of the elements that go into solving a crime and building a legal case against the suspects. Considered one of the applied sciences, there are actually several career paths for the criminal investigator. Likewise, people from different disciplines may find themselves doing criminal investigative work. For example, as science has evolved, the role of geneticists and genetic genealogists in criminal investigation and forensic science has really explored.
When writing your paper, you have two distinct approaches you can take. You can write a....
1. The history and significance of Miranda Rights in the United States
2. The impact of Miranda Rights on law enforcement practices
3. The evolution of Miranda Rights in Supreme Court decisions
4. The debate surrounding the effectiveness of Miranda Rights in protecting individuals' rights
5. The implications of Miranda Rights on the criminal justice system
6. The role of Miranda Rights in ensuring a fair trial for suspects
7. The challenges and limitations of Miranda Rights in practice
8. The relationship between Miranda Rights and the right to remain silent
9. The role of Miranda Rights in promoting due process and protecting against coercive interrogation techniques
10. The....
Miranda Rights: A Cornerstone of Criminal Justice
Introduction
Miranda rights, enshrined in the landmark 1966 Supreme Court decision Miranda v. Arizona, have played a pivotal role in safeguarding the rights of individuals accused of crimes. This essay will explore various topic ideas related to Miranda rights, examining their historical significance, legal implications, and impact on criminal justice.
Historical Evolution
The development of Miranda rights: Tracing the legal precedents that led to the Miranda decision.
The impact of the Warren Court: The role of the Supreme Court under Chief Justice Earl Warren in expanding Miranda protections.
Miranda in the context of other constitutional amendments:....
Certainly! Here are some essay topics related to Criminal Investigations:
1. The role of evidence in criminal investigations: How is evidence collected and analyzed in criminal investigations, and what impact does it have on the outcome of a case?
2. The use of technology in criminal investigations: How have advancements in technology improved the process of investigating and solving crimes? What are the potential risks and ethical considerations associated with using technology in criminal investigations?
3. The challenges of conducting criminal investigations in a digital world: How has the prevalence of digital technology, such as social media and smartphones, affected the methods and....
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