False Confessions in Police Interrogations There is much speculation in regard to what occurs during interrogations among law enforcement officials, particularly in instances in which the suspect fails to request the presence of a representative attorney (Beijer, 2010). “The police interrogation is and always will be a critical stage in a criminal procedure” (Beijer, 2010, p. 311). Interrogation results largely determine the next phase of a criminal investigation in regard to the selection of witnesses for interviewing, the specificity of scientific tests that will conducted, and also given the fact that statements made to the police can be used against individuals in a court of law. Obtaining a confession during the interrogation process serves
This clearly sows that the memory is an active process and is expected to alter an opinion based on understanding society (Simple Psychology, 2014) . Eyewitness testimony is unethical as the evidence that is supplied can be provided by someone with stress or anxiety issues this can assist by distraught the image of the suspect. Wrongfully sending an innocent individual to prison. Bloods worth’s case displays it is unethical as there was no psychical evidence nor appearance matched that supported Bloodsworth was responsible for the murder and rape of the victim. Three eyewitnesses were able to identify the perpetrator out of the five and this was based from evidence that he was spotted with the young girl hours earlier before the crime was
False Confessions- The Breakdown Imagine being in court, tears running down your cheeks, watching a family member get their sentencing for a crime that they had no involvement in. Not only were they not involved, but the confession that they made was unknowingly the keys to the lock. From this situation, one can conclude that this situation would be anyone 's worst nightmare.
Police often tell lies when working a case or in pursuit of the truth. They are permitted to distort facts, create facts, manipulate information, and often times mislead people in order to solve crimes and apprehend the bad guys. Officer will tell a suspect in a crime they have video of him or her committing the offense or they will say they have a witness who can identify them. Some will even go to the extent to pose the question to those under suspicion of whether or not they can explain the presence of their DNA at a crime scene, making them believe it has already been found. This is usually done with little or no backlash from top administration or from the public at large.
Adnan was put behind bars and has been in jail ever since. So the question; was Adnan’s trial a fair one? No, Adnan Syed is everything but guilty. It would be impossible for him to be able to strangle Hae in 21 minutes after the final release bell of school. Plus, Adnan doesn’t remember much of that certain day, the day of her death wasn’t important enough to him to remember it clearly.
Many believe that the parents of the Sandy Hook victims conspired to murder their children, but what they fail to realize is that all their “ evidence” is just circumstantial. In court all types of various evidence is presented to the jury. According to Citizens Information “ The general rule is that circumstantial evidence is admissible. However, the courts are careful when the only evidence in a case is circumstantial evidence. Circumstantial evidence must be closely examined and it must be looked at cumulatively.
It showing that parts of the judicial system are unjust. They put so much fear into the teens that they didn’t know what to do and were just saying anything to be with their family. By making a deal with the teens in exchange for a story I felt that was wrong because they are lying about what happened and they stores have different parts off the back I knew they were going to jail. Later on the right man who committed the crime confessed and the case was vacated against all five teens. They have every right to file for a settlement for what they went through it was unfair and they were granted a settlement for $42 million which they deserved.
However, policy will in fact impact everyone involved in the case. If somewhere during the chain of custody process is done incorrectly, the suspect will surely get away with his crime because the evidence was inadmissible in court. Basically when there is a weapon, the first person to handle it would initial it. Then the supervisor would then make sure the storage is safe and secure. To complete the chain of custody, requirements have to be met.
One such argument can find its’ basis in the fact that the attorney-client privilege has the potential to protect guilty men and women. An example can be found in the Buried Bodies Case, when Robert Garrows confessed the murders to Frank Armani and the information was kept confidential. Thus, protecting Garrows, a guilty man, from any punishment at the time. Many would also argue that even if the crime is not privately confessed between the client and their attorney, it hides reliable evidence that could otherwise be used to convict the unjust. Another strong argument that can be used is the fact that, in court, you must be truthful.
Polygraph testing would be considered an exaggerated claim because there is no scientific validity to back up the emotional response. “Because it measures physiological arousal rather than lying per se, the polygraph test is prone to mislabeling innocent persons guilty.” (Lilienfeld, Landfield 1222) As previously discussed, this test is based upon emotions, which the article by Scott Lilienfeld and Kristen Landfield further proves the pseudoscience behind polygraph testing. Throughout law enforcement and police officials’ careers, they are faced with daily challenges in pseudoscience, and the article further describes how lie detection is a part of that process.
Moreover, this type of issue has been sighted throughout history, although some negative police force cases falsely informed of the higher power. Such as cases from ancient times where laws did not apply to them. As this progressed, worsening through the 1800’s to the late 1900’s, the wrongly using the police force has affected many including the community’s trust in the Justice system. One such case titled as, Escobedo v. Illinois, where a law enforcement arrested a suspect for obtaining a confession to a previous murder, in which they undoubtedly ignored telling the suspect about is right to remain silent or the right to have a consultation with his attorney. Providing using methods as “....they confronted him with an alleged accomplice who accused him of having perpetrated a murder…”
These wrongful convictions occur because the criminal justice system had many flaws. It was not only the system that had flaws but also the people on the board. The prosecutors "opposed testing, arguing that it would make no difference" whether or not those being convicted got DNA tested (Garrett 1). Confessions was one of the causes that often led to the downfall of those innocently convicted. In the case of Jeffrey Deskovic, the police officer was supposed to conduct the polygraph examination.
Time buried in Leakin Park: 7 pm in first interviews and trial testimony, and midnight in a recent interview. All of the listed inconsistencies were made possible with the help from the police, his stories has been altering so that his evidence can corroborate with the cell towers. An article claims that Detective William Ritz was involved in a case where witnesses were encouraged to lie, exculpatory evidence was hidden, and in short, the investigation was corrupt. By doing so, this help Jay and a possible third party involvement. These so-called “evidence” does not arrive to the fact that Adnan killed Hae.
There have even been some states which the lower courts have ruled that using fake evidence to obtain confession is a violation of the suspect’s rights (Florida v. Cayward) (Pollock, 2014, p. 156). The other unethical response to telling the suspect that the death penalty will be taken off the table. This is an area that the homicide detective has no control over. Only the prosecutor can give this type of deal with the suspect and his attorney. The benefits in taking the unethical response is getting the confession, however, is this confession an actual true confession or just a confession from fear.
The U.S. justice system is considered the fairest of all but if confessions are inadmissible and true criminals are released then our society will progress under great peril from continued violent acts. Law enforcement officers are mandated by Miranda to advise subjects in a custodial interrogation of their rights under the Fifth Amendment and their right to a counsel under the Sixth Amendment. The policies of police departments everywhere had to be changed due to Miranda; as this decision provided a fundamental shift in the tactics being used by investigators to interrogate suspects. No longer could officers pray on the ignorance of the law or intimidation of authority in order to compel confessions. “The courts have made it very clear that the use of physical force or physical abuse or even the threat of this type of conduct on the part of police will render a confession involuntary”