The judicial system of any country is meant to bring justice and to maintain law and order in their area of jurisdiction. However, most are the times that officers of the law use the wrong methods to obtain information and data to enable them to put away law breakers and the bad guys in the society. Coercion focuses on persuading someone especially suspects to do something especially give information and data through the use of force or threats. However, despite the fact that this form of interrogation helps officers to obtain the relevant information and data to out away criminals, it has negative effects on the suspect and the interrogator. The American Psychological Association, the American Psychiatric Association, and the American medical …show more content…
Often criminal confessions obtained through the use of physical force are considered coerced, and in most cases, they cannot be used against the accused in a court of law. Scientists believe that police coercion may have an even more powerful impact and influence on venerable people such as juveniles, the mentally disabled and the mentally ill who admit to the crime to escape the long, harsh interrogation process and procedure. It is worth noting that coercion interrogation is more than the use of physical force to extract information from a person. The process begins by wrongful classification of an innocent individual as guilty which prompts the officers of the law to subject him or her to an accusatorial interrogation. Scientists believe that captives have information in long-term memory that they choose not to share, but the extended application of techniques and methods that induce stress and discomfort will eventually force them to release the information. Most of the individuals who support this technique assume that the coercive interrogation methods are more effective in obtaining data and information than the normal standard interrogations. However, most of the individuals who advocate for this technique are not …show more content…
One of the most widely used coercion technique used to pressure suspects to confess focuses on isolating accused from friends and families. By isolating the suspect, the interrogators aim at preventing the suspects from receiving emotional support. Isolation is utilized before, and during the interrogation and in most cases it involves false confession, and this may last for hours or in other cases for days. Psychologists believe that a suspect isolated for two or fewer hours stands a better chance to give true confession. On the other side, any isolation taking more than six hours can culminate to false competition. Besides, long interrogation periods are likely to lead to fatigue as deficits in attention and lowered resistance to persuasion.
On the other side, confronting suspects with evidence of their guilt can also be described as a form of coercion interrogation. In most cases, the interrogators lie by stating that they already have evidence linking the suspect to the crime although in the real sense the evidence does not exist. Often, these interrogators claim they have DNA, eyewitness or even fingerprints which force the accused to question the own memories of the events. At times, the suspects are forced to believe to have blacked out during the crime leaving them with no option other than
Case Citation: Miranda v. Arizona, 384 U.S. 436 (1966) Parties: Ernesto Miranda, Plaintiff/ Appellant State of Arizona, Defendant/ Appellee Facts: This case represents the consolidation of four different cases, in which an accused individual confessed to a crime after being subjected to a variety of interrogation techniques without being informed of his Fifth Amendment rights during the interrogation. The first case resolved Ernesto Miranda who was arrested and charged with kidnap and rape. He confesses and signed a written statement after a two-hour interrogation.
In the case that there is sufficient evidence of guilt as well as coconspirators, torture may be allowed but none that is inhumane. Document B: The Massachusetts Body of Liberties allows torture in the case that somebody is deemed guilty by clear evidence. In the Laws of Connecticut Colony, no torture is allowed whatsoever. Document C: Mather advises judges to continue the regular American method of obtaining confessions and to abstain from torture, for confusion is more likely to get a confession than torture. Document D: Henry warns that Congress will attempt to extort confession by practicing torture.
In order to better understand how torture is used in the Salem Witch Trials, it is necessary to examine the usage of torture and interrogation in the modern
2016). Similar to the arguments applied for the rights ethical framework, every human deserves equal treatment, whether it is the victim or the torturer. It is easy to minimize the direct effect that torturing someone has on the interrogator. In various cases, the torturer becomes the tortured as well (Boothe 2006, 25-26). The interrogator is mentally changed forever; the mental burden and imagery will be a constant reminder of his actions and will be detrimental to his life.
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
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.
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.
Using torture as a way to extract evidence is an inhumane way to treat those under accusation. The argument that a confession given under these circumstances is legitimate, is a false claim. This is due to the victim's mindset being compromised from the extreme and extensive methods of torture. Another example of the unacceptable evidence used in court against those accused is the presence of the “devil’s mark”. “The belief was that the devil branded the bodies of witches with symbolic yet concrete corporeal malformations such as marks and growths” (Darr, 361).
Thirteen years, seven months and thirteen days. That is the time Lawrence Rubin Montoya spent in prison for a crime he did not commit. Montoya was sentenced to life in prison in November 2000 after he was allegedly pressured by Denver police officers into confessing to murdering a Denver school teacher. In June 2014, his conviction was overturned thanks to DNA retesting of evidence. Now, the 31 year old is suing the city of Denver and members of the city’s police department in federal court for $30 million, citing the interrogation process and later failures by the District Attorney’s office.
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
Furthermore, there can be several factors at play when a wrongful conviction occurs and each case is unique. Three of the more common and detrimental factors that will be explored in this essay are eyewitness error, the use of jailhouse informants and professional and institutional misconduct. Firstly, eyewitness testimony can be a major contributor to a conviction and is an important factor in wrongful conviction (Campbell & Denov, 2016, p. 227). Witness recall and, frankly, the human emory are not as reliable as previously thought. In fact there has been much research showing the problems with eyewitness testimony such as suggestive police interviewing, unconscious transference, and malleability of confidence (Campbell & Denov, 2016, p.227).
Although, this tactic does not always work, it can cause some problems. Officers are supposed to use the tactic when there is a suspected criminal, but if it turns out there is no criminal it can cause many problems. Officers do not need to persuade the innocent because then the cops are just creating crime witch is the opposite of what they are supposed to do. The main point of this article is that it wants to make the structure and the frame work of the entrapment system clearer and more precise. The article identifies ways to make entrapment more stable and clearer.
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.
A police officer was charged too for threatening Magnus Gäfgen with torture during the interrogation in order to gain some information about the kidnapped boy (“Thomas David Lukas Olsen,” n.d.). The police officer’s action of threating the perpetrator with torture is the main subject of this paper. Was the police officer’s action morally justifiable as means to save the boy’s life or was it morally wrongful because it violated kidnapper’s human rights? In this paper, I will argue that from a utilitarian point of view the police officer’s action may be justifiable because the consequences of this action led to gaining some information about the boy as well as the action may be deemed morally wrongful because it did not lead to a long-term maximization of happiness and it violated the perpetrator’s human
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.