coerced and intimidated by Defendants who used, among other techniques known to cause false confessions including false evidence ploy, manipulation, minimization, threats, false promises and other coercive tactics such as, cornering Lawrence against the wall in his chair, getting in his face, banging on the table, yelling at him, standing over him, telling him he is not going home, telling him he is going to prison for life, telling him he should be afraid, and telling him to say goodbye to his mother.
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.
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. The police then determine if the suspect is guilty and continuously interrogate, accuse, and even threaten the suspect for hours until they confess, whether they are guilty or not. On many occasions the people who are coerced into false confessions are have severe mental impairments that prevent them from functioning as a normal person with out the impairments would.
My opposition to torture fall under the beliefs of the absolutist Kant, who states that no matter what the circumstance is, something that is wrong will always be wrong (Boothe 2006, 12). Therefore, concerning the issue of torture, in this world or any other world, torture is immoral. In this paper, I will employ the ethical frameworks of virtue, rights, and fairness to argue against torture when viewed from the perspective of the victim, the torturer, and any outside source. Furthermore, I will dismantle the ticking-bomb scenario by deducing the incapability to achieve full certainty deeming these scenarios unrealistic.
While analyzing “The Torture Myth” and “The Case for Torture”, it is very clear to see the type of rhetorical appeals used to persuade the audience. Anne Applebaum, the writer of “The Torture Myth” --in context of the decision of electing a new Attorney General--would argue that torture is very seldomly effective, violates a person’s rights, and should be outlawed due to the irrational need upon which physical torture is used. On the other hand, Michael Levin strongly argues that physical torture is crucial to solving every imminent danger to civilians. Levin claims that if you don’t physically torture someone, you are being weak and want to allow innocent people to die over something that could have been simply done.
Over the past few decades, hundreds of people have been falsely imprisoned. Many of their cases were founded on the account of one or more eyewitnesses. The criminal justice system often relies on eyewitness accounts to piece together a crime and identify the perpetrator. But studies showing the faultiness of our memories, particularly in stressful events, suggest that witnesses may not be as reliable of a source as we think.
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. There are ethical issues that need to be recognized in interrogation which are, the use of false evidence, the use of torture, and deceptive promises.
The Stanford Prison Experiment conducted by psychologist Philip Zimbardo in 1971 illustrated the direct relationship between power of situations and circumstances to shape an individual’s behavior. During this study 24 undergraduates were grouped into roles of either a Prisoner or a Guard, the study was located in a mock correctional facility in the basement of Stanford University. Researchers then observed the prisoners and guards using hidden cameras. The study was meant to last two weeks. However, the brutality of the Guards and the suffering of the Prisoners was so intense that it had to be terminated after only six days. During this period, Zimbardo observed the radical change in the personalities of the participants embodying the role of the prison guard, as they changed from ordinary young men to men with a vicious and sadistic character. Zimbardo stated that he was trying to portray what transpired when all of the individuality and dignity was stripped away from a human, and their life was completely controlled. He wanted to demonstrate the dehumanization and loosening of social and moral values that can happen to guards immersed in such a situation (“Stanford Prison Experiment”). This experiment has been used to exemplify the cognitive dissonance theory and the power of authority. In addition, the findings advocate the situational explanation of behavior rather than the dispositional one.
Thus, it is a type of torture that the government uses to get information from terrorists. This means the CIA is using physical and mental torture to get the information. There are thirteen enhanced interrogation techniques, but the CIA uses four of them most of the time. The first is waterboarding, which is when agents tie a detainee to a bench and then pour water on his or her face. The second technique is sleep deprivation, which is when the detainee is kept awake standing up or in a painful position for 100–180 hours. The third technique is nudity. With this method, the detainee is forced to stand naked for a long time. The fourth technique is slaps followed by insults. This short overview shows how cruel enhanced interrogation
In this case, those tactics were pushed to the extreme. The interrogators showed complete dominance in order for Miranda to confess. The Fundamentals of Criminal Investigation declares, “He must dominate his subject and overwhelm him with his inexorable will to obtain the truth” (Document F). In this examination, the rudiments of investigations over-stepped their “dominance” and nearly forced a confession. The accused must be informed of their rights to avoid this mistreatment, otherwise the person suspected is practically compelled to speak, even though they might not do so normally (Document G). The police intimidation sets a high amount of pressure on the suspect. For instance, Miranda did not have a lawyer present and was consistently put through questioning for two hours that led him to his confession. The court’s ruling showed the degree of the assurance of self-incrimination, specifically dealing with the mistreatment of suspect by the police during
Other psychological tactics, such as coercion, are used in the interrogation room to attempt to get a confession out of someone interrogators believe are guilty.
Kelly, and Jeaneé C. Miller. "The Who, What, and Why of Human Intelligence Gathering: Self-Reported Measures of Interrogation Methods." Applied Cognitive Psychology 28.6 (2014): 817-828. Academic Search Complete. Web. 05 Feb. 2016. In this article research showed that using relationship building techniques instead of physical or mental abuse had better results in obtaining information. When people are being tortured, they feel even if they tell them they will still suffer. In contrast, people who don’t get tortured are more willing to cooperate. In the end showing a friendly manner wins people over.
Wrongful convictions are one of the most worrisome and tragic downsides to the Canadian Criminal Justice System. As stated by Campbell & Denov (2016). “cases of wrongful convictions in Canada call into question the ability of our criminal justice system to distinguish between the guilty and innocence” (p. 226). In addition, wrongful convictions can have devastating repercussions on the person, who was found guilty, effecting their personal/public identities, beliefs and family lives. This essay will be examine some of the common factors that apply to the conviction of an innocence person. Also, whether the CJS is doing enough to inhibit wrongful convictions and finally, the problems that parole can cause for a person maintaining their innocence.
Eyewitness identification is ineffective and unjust. Studies have shown that 40% of eyewitness identifications are wrong (Vrij, 1998). Eyewitness identification has great importance in the legal system. This requires the best eyewitness testimony procedure. This essay examines the three main types of eyewitness line-ups; the showup, the sequential and the simultaneous line-up. This essay draws conclusions as to which method the legal system should implement.
Eye witness identification involves selecting an accused perpetrator from a police line up, sketch or being at the crime scene during the murder time. After selecting a suspect, witnesses are asked to make a formal statement confirming the ID of the suspect (s) or other surrounding details which the eyewitness can testify in court. Eyewitnesses are always required to testify in court but eyewitnesses with psychological disorders, substance dependancy are at a higher chance of identifying the wrong suspect therefore wrongfully assisting convict the perpetrator in the wrong (Hal Arkowitz, Scott O. Lilienfeld, January 1, 2010).