Introduction
Many important court cases depend on memory-based evidence. When there is not enough physical evidence to convict a suspect, law enforcement relies on testimonies and confessions to put criminals behind bars, yet, not all testimonies are reliable. Throughout the years, there have been many people who have been falsely convicted based on inadequate police interrogation methods that allowed for false confessions to occur.
Effectiveness of Interrogation Methods Used by Civil Law Enforcement Every level of law enforcement uses some form of interrogation to get valuable information from a person. Police officers interrogate persons of interest to get information such as alibis, motives and witness accounts. Many court cases rely
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For example intimidation, bribery, denial of rights and mental exhaustion are against the guidelines of the Reid Technique, however, they are often used in order to gain a suspect’s cooperation (https://www.cga.ct.gov/2014/rpt/2014-R-0071.htm). In an investigation where a father was accused of murdering his infant son, the interrogators repeatedly used techniques to mentally exhaust the suspect in an effort to break him. Throughout the interrogation, the father repeatedly denied that he was at fault, however, the interrogator insisted that he was, describing different scenarios that could have played out and suggesting different motives the father could have had in killing the infant. At one point the interrogator claimed he had “received detailed information about the infant’s injuries from the medical examiner that disproved what the father said”, even though the coroner’s report couldn’t prove anything (Brainerd, …show more content…
Gallini (2009), who holds a Juris doctor, a master of law degree, and is widely recognized in the community for his opinions on interrogation techniques, is a firm disbeliever in the Reid Technique. He believes that “the methodology underlying the Reid technique fails every aspect of the Supreme Court’s standards governing the admission of expert evidence” and that evidence collected through the Reid technique should not be relied on (p. 529). In addition to Gallini’s beliefs, Dr. Christian Meissner, who holds a Ph.D. in cognitive and behavioral sciences, has stated in multiple texts that the interrogation methods used by law enforcement frequently produce false confessions. If the suspect believes that there is evidence against him, if he truly believes that all hope is lost, and then is offered a bargain. If he confesses he could get a lighter prison sentence. A person would assume that an innocent man would never take up that offer, however, when an innocent man is put in a situation where he is mentally exhausted, has been told that there is evidence against him and honestly believes that he is going to jail, he may confess in the attempt to make his impending doom a little less
In the trial of the four Norfolk sailors, the main reason why they were all convicted was not the proclaimed evidence that wasn’t on the scene, but was the confessions that they were coerced to say during the interrogations. There was virtually no evidence against the four sailors, but the jury sided that they were all guilty. The major problem during the trial was that no evidence was found at the crime scene and the prosecution only badgered the four sailors based on confessions that they were threatened to say or else they
In each of these cases, the defendant was questioned by police officers, detectives,
In 1966, an influential court case occurred – one that would shape the United States to improve the justice system. Ernesto Miranda was accused for crimes and identified by the victim, after which he was then interrogated. Miranda orally confessed to a crime and signed a written confession; however, he did not request a lawyer, nor was he advised of his right to have one present. Due to the inadequate constitutionality of the situation, Miranda was able to challenge the Supreme Court in this conviction. The ruling in Miranda represents the fulfillment of the legal tradition of the promise of self-incrimination by offering protection in statements, reinforcing the Fifth Amendment, and the equity of suspects during interrogation.
The description of the Lockerbie bombing may provide image on how lengthy and complicated an investigation and a trial process could be. Eyewitness would have to go through repeated interviews. The purpose of this procedure is to assess the consistency and accuracy of the testimony. Unfortunately, it is often not realized that repeated interview may also have a negative effect on the quality of the testimony given. A study by Sharps, Herrera, Dunn, and Alcala investigated the effect of repeated questioning in the format based of police procedure (2012).
The creation of the United States and the colonies that came before, brought about many legal traditions and precedents. Among these legal traditions and precedents, is an essential precedent present in all interrogation related proceedings and court ones—the Miranda warning. When an individual is detained, they may be subjected to an interrogation by designated officials. During an interrogation certain rights are guaranteed to an individual through the provision of the Bill of Rights to prevent self-incrimination and the historical precedent established before it. However, in certain situations, these rights were not always guaranteed as they should’ve been.
When people are suspects under the law, they are entitled to their Miranda rights. A persons Miranda rights entitle them to remain silent, have an attorney present, have an attorney appointed to them if they cannot afford one, and that person is questioned if they understand those rights. It seems that a whopping 80% of suspects waive their Miranda rights. There are no exact reasons, only speculations as to why people waive that right. One that I will focus on is “Why do I need an attorney, if I did not do anything wrong?”
People are often manipulated by detectives during interrogations, because they often lie to people by making them believe they have committed a crime. For instance, saying they have a witness that can place them at the crime scene. More simply, they are willing to lie to see if people will give a confession. In addition, people are manipulated because during interrogations officers make them believe they're guilty. Namely, telling people they have failed a lie detector test.
Part One is very informational and contains the bulk of the book’s research. The information was presented in a thesis format; Loftus stated a claim and then supported her ideas with research and quotations from experts in the field of law and memory. Part One is helpful for psychologists, attorneys, and interested law people. The major principles concerning the errors in eyewitness testimony are supported by research and are accepted by psychologists (Kassin, Ellsworth, & Smith, 1989). Part One will contribute to the future of psychology by showcasing how the memory works and the different ways it is manipulated and changed: this will allow jurors and lawyers to become more wary when dealing with a traumatized
This is significant because it enabled the wrongfully accused to prove that they did not commit the crime for which they falsely confessed. In 2004, Drizin and Leo studied 125 of these cases to determine the causes. Physical and psychological coercion have been found to induce false confessions, especially in children. Brenton Butler was 15 years old when he went into that
08 Feb. 2016. This source explains that torture is actually one of the last methods used when they are interrogating someone since many know that it has a very low success rate. If the person is not willing to cooperate, they go down a list. Many people thought to use the top methods as they are not as immoral. Getting to the end of the list thought means they have nothing else to make the person talk which is why they use
In early interrogations it was common for police officers to use physically abusive interrogation techniques such as the rubber hose to convince suspects to confess to a crime, whether they are innocent of guilty. Fred Inbau came up with a different technique that relied on presenting a large amount of fabricated or true evidence to get the suspect to confess. This technique was very effective in getting confessions, it has an 80% confession rate. Unfortunately, some of the confessions are false confessions, we do not know how many exactly. The first step of the Reid Technique, a similar coercive technique to the one Inbau devised, was to watch the suspect and determine whether or not he or she is lying during the interrogation based on behavioral analysis; which is severely flawed and does not actually help us determine if someone is lying.
Entrapment is used by officers to persuade and lure suspicious civilians to commit a crime that they have not been proven guilty of. This article talks about entrapment and explains positives and negatives of they system. The article focuses on the holes and unclear frame work in the entrapment tactic. Entrapment is a useful tactic in catching suspicious criminals before they commit a crime that could possible hurt someone. This is a good and efficient tactic for officers, it keeps the innocent safe.
Eye-witnesses can become the key evidence to resolving a crime, but investigators have to be careful not to damage the integrity of the witness. One mistake can be enough to raise suspicion to the integrity of the witness statement, and have it all thrown out in court. Witnesses are very susceptible to suggestions, and investigators have to be careful not to give the witness any hints or ideas that will damage the statement. In order to avoide such mistakes, investigators use two methods of questioning the witness, which are Open-ended questions, and Close-ended questions. Open-ended questionsOpen-ended questions are a methods of asking a question to encourage the witness to tell what they saw from the beginning, and all the way to the end without giving them any hints.
To be a good interrogator it requires more than confidence and creativity although it does help, but interrogators are very well trained in the mental tactics of social impact. An interrogators task is to get someone to confess to a crime, but it is not easy. While it isn’t easy for them, sometimes they will end up with confessions from the innocent testifies because of the expertise in psychological manipulation interrogators have. The interrogation process has been manipulated over the years and they are using unethical approaches to gain information or a confession from suspects. But in the law of confessions, it is required that confessions are not coerced but be voluntary so that it is admitted into evidence.
Differences can be found between the roles and responsibilities required in an interview and a forensic investigative interview. The role of the interviewer, the purpose of the interview, and the format and type of questions asked can vary significantly. An interview can take place anywhere the client feels comfortable (ex. home), but the forensic investigative interview would need to take place in a room specifically designed for the purpose. Additionally, the investigative interview may be audio and video-typed. The presence of a parent, guardian, therapist, or other concerned adult in an interview is possible as opposed to an investigative interview, which asks the concerned adult to watch the interview through a one way mirror or on a video