It is unlikely that social consequences of false memories can be avoided. Elizabeth Loftus was intrigued to study false memories, and is perhaps personally responsible for subsequent developments throughout the history of false memories. Some of this history addresses various theories aimed at isolating how or why false memories occur. These include Source Monitoring Framework, Activation Monitoring Theory, Fuzzy Trace Theory, and strategies for persuasion which can lead to the development of false memory. Such persuasion leads to the present discussion concerning how persuasion in the judicial system has created false confessions and wrongful eyewitness testimonies, due to the Misinformation Effect.
Another reason why a police officer may be able to conduct a warrantless search is due to an emergency exception. A warrantless search may also be conducted if the police officer deems that someone’s safety is in question or that criminal activity is occurring at that time. Of the three warrantless search requirements that I mentioned, the last two are ones that have been subject to a lot of controversy recently. The Plain View Doctrine is pretty simple to understand but the judgment call or the honesty of the police officer is what is in question. It has happened in previous cases in the past that corrupt officers will say that they saw something or smelled something as the defendant opened the door so that they can go in and
Thesis: Police interrogations can occasionally lead to false confessions due to misclassification, coercion, and contamination. I. The phrase “Innocent until proven guilty” is a popular statement among law enforcement and government employees, but this statement is not always upheld, as various errors, such as misclassification, are a major cause of false confessions. A. Misclassification errors are caused by “investigator bias,” where the investigator goes into the interrogation believing the suspect is guilty. (Keene) B.
Any hesitation in a crisis can potentially cost an officer his or her life, or it could cost the life of the alleged perpetrator or even an innocent bystander. However, hesitation by an officer could lead to the loss of evidence vital to the prosecution of the alleged perpetrator who was at the center of the controversy. Law Enforcement Officers are charged
Plea bargaining can present a dilemma to defence counsel in choosing between vigorously seeking a good deal for their present client or maintaining a good relationship with the prosecutor for the sake of helping future clients. There are few ways to bargain with the prosecuting officers. For both the government and the defendant, the decision to enter into or not to enter into a plea bargain can be based on few things. One of them is the seriousness of the alleged crime. Other than that, the strength of the evidence in the case will also be taken into consideration whether to allow or not plea bargain.
In absence to definitive proof, eyewitnesses’ accounts often act as vital evidence to the police and judges in their decision to prosecute a suspect. Eyewitnesses’ memories which constitute knowledge of the crime could be distorted or forgotten if is not retrieved at the right time and with appropriate methods (Stelfox, 2012: 90). As much as the
The role of a criminal psychologist is not just to use their expertise to figure out the mind of a criminal, but it is also used for understanding, developing and improving the life of the people they deal with. When a person commits a crime that the police cannot fully understand or handle, they can call in the help of a criminal psychologist. Different methods of solving and understanding a situation can be used. Criminal psychologists are involved in many parts of the legal process, whether its interviews, assessments, therapy or prison life, they can have a huge input on a case. Example; a man is struggling with a divorce, his kids have no time for him now that his ex-wife hates him.
intro Cognitive psychology is one of the very important areas in psychology. It is concerned with mental processes, such as how people think, learn, perceive and remember. In certain situations, an individual’s memory can seal someone’s faith. If a person has been present to a crime, their perception and their memory are seen as crucial to identifying the person who has committed the crime. Before DNA analysis found its way into courtrooms in 1986, eyewitness testimony was seen as the most persuasive form of evidence.
When policy and claimsmakers label crimes as social problems, they do not always account for all representations of crime. They neglect to realize that crime is a reality that filters through a series of human decisions running the full scale of the criminal justice system (Silver 265). Jeffery Reiman states within “A Crime by Any Other Name” that, “although there is a wide range of behaviors that the law defines as criminal, people tend to view crime as involving only certain kinds of acts committed by particular populations of individuals”. For example, the rhetoric presented within the War on Terror in the United States lead to moral panic which exaggerated and distorted perceived deviant behavior (Silver 330). Similarly, the rhetoric presented
In recent times there has been a major debate over whether law enforcement should be able to use jailhouse informants. The controversy sparked after the Orange County District Attorney’s Office and the Orange County Sheriff’s Department’s use of jailhouse informants was called into question. Many people feel that the use of informants in cases against those accused of various crimes is a violation of their Fifth and Sixth Amendment rights. In regards to this topic, The Fifth Amendment protects people from self-incrimination, meaning that those accused of a crime have a right to remain silent. The Sixth Amendment, ensures that anyone accused of a crime has the right to an attorney, if a defendant cannot afford an attorney one will be provided.
Based on my knowledge on conspiracy I believe that the RICO act is necessary but can also be not useful depending how the defendant pleads his case. Conspiracy is defined as a secret plan by a group to do something unlawful or harmful. I think the RICO act is necessary because part of me believes that organizations would continue to get away with heinous crimes if the act was non-existing. Another reason to I believe RICO is necessary is because it has been important to up and coming laws. RICO has led to revitalizing the interest in civil punishment.
I believe that when attempting to convict a person of a crime, there should be plenty of physical evidence of that person doing the crime in order of there to even be a case. In many cases, repressed memories can be false, but the author of Repressed Memories: True and False, believes that in some cases repressed memories can be legit but neither should be used as a reliable source in a criminal case. Only reliable sources should be used when attempting to convict another on a crime they may or may not have done. Loftus experiments prove that cases that involve repressed memories as a primary source are typically weak cases (Reisner Paragraph 13). In reality, and type of evidence used in a criminal case should be physical.
The use of a body camera is very important in many different instances such as recording a crime, making a statement about an event that just occurred, or as evidence against suspects. By publishing the recorded video to the public, it could potentially violate personal privacy; keeping it private raises concerns about the deceitfulness of the police ("Police Cameras"). This is why body cameras are extremely controversial in our society. Even though body cameras can potentially seem like an invasion of privacy to the public, they can help with clarifying evidence and showing the humane side of the police force. Body cameras are a vital piece of equipment for law enforcement and play an essential
This can range from courtroom misconduct to threatening or tampering with witnesses. According to Center for Prosecutor Integrity (CPI), the most common times of violations done by prosecutors are: “Failure to disclose exculpatory evidence, use of inadmissible or false evidence/lack of candor to the court, plea bargain offense, inflammatory statements/witness harassment, mischaracterizing the evidence, and vouching.” Prosecutors have ethical mandates that they must obey, if not, that is where the misconduct comes in. And act of prosecutorial misconduct will violate both legal and professional codes (prosectorialsaccountabilty.com). Levy, the prosecutor in Krone’s case, helped send and innocent man to dead row for something he did not commit. Levy found experts who said that the bite markings on the victim matched Krone’s teeth impressions.
You mentioned in your post that whether the defendant is guilty or not, if they are violated by an officer then the violation needs to be put to light. What are some consequences for the defense attorney if he is caught not bringing evidence (that could alter a trial) to court? What are the defendants’ rights that are being violated by the officer? One of duties that is to be performed by a defense attorney according to America’s Courts and the Criminal Justice System is to, “zealously represent the client’s interests within the bounds of the law.” If the defense attorney fails to recognize the violation of his defendants’ rights does that corrupt the duty that is supposed to be performed? Proverbs 19:1 says, “Better is a poor person who walks in his integrity than one who is crooked in speech and is a fool.” When attorneys distorts evidence in any way, it gives the court system a bad reputation with its relationship to the