Darius L. Brewer PY 434 Dr. Neushatz March 2, 2010 A Review of Kassin and Colleagues’ Studies on False Confessions In reviewing studies by Kassin and colleagues on the power of a confession, several weaknesses in the system are revealed. First, a study of the persuasiveness of a coerced confession revealed a tendency for jurors to vote guilty even though they were told the confession was involuntary. The same study also found that the actual jurors claimed to have ignored inadmissible confessions when in fact the confessions increased the likelihood of them voting guilty. Second, Kassin revealed the difficulty of distinguishing a true and a false confession. Even the investigators with training and years of experience demonstrated
This innocent defendant is afraid to face the court and would like to avoid the risk of being found guilty so they take a plea bargain. One of the biggest criticisms plea bargaining receives is that it is unconstitutional. By taking away the defendants right to a trial jury the courts are being unconstitutional. Another reason plea bargaining can be an awful way of dealing with criminals is that police investigations are
Cite illustrative examples of the differences. Fraud is defined as the intentional deception used for personal gain or to hurt another individual or it can be put simply as theft by deception. Under the common law there are four general elements that must be present for a fraud to exist (Wells 2008). The first element is a material false statement. The second is knowledge that the statement provided was completely false.
John Schwartz wrote an article called "Confessing to Crime, but Innocent" that had appeared in The New York Times on September 14, 2010. When more than 40 innocent people have confessed to crimes that they did not commit and were sentence in prisons for a period of time and later found to be innocent. This article describes new research that helps shed light on why innocent people might confess to a crime they did not commit. The author cautions against overstating the problem of false confessions and the point that not obtaining the confession of a guilty person poses a greater threat. According to the article, "experts have long known that some kinds of people -- including the mentally impaired, the mentally ill, the young and the easily led -- are the likeliest to be induced to confess."
Philip Zimbardo’s Stanford Prison Experiment and Stanley Milgram’s Behavioral Study of Obedience have provoked controversy amongst individuals interested in the study of human psychology. Critics have claimed that both studies were unethical and caused serious harm to the participants. Although both trials were later reviewed by the American Psychological Association and approved, many debates and additional research ensued. The strengths, weaknesses and underlying ethics of both studies still provide ample reason for further examination. Only three months after the start of trials for Adolf Eichmann (a Nazi war criminal), Milgram formulated an experiment to question this dispositional view.
Another benefit would also be having a first- hand account of what an individual who could give testimony of what was seen or experienced. Basic human error, biased opinions, and emotions are some of the disadvantages to eyewitness testimonies. Another disadvantage is how line-ups are being conducted; but the worst disadvantage is the difficulty of witnesses trying to identify perpetrators from other ethnic groups or races. Our view and reliability on the criminal justice system is constantly in a state of change. To what extent will these changes reshape our government and laws?
A judge and or jury can and does accuse the wrong people. These people are later exonerated of there accusations and crimes and given a second chance. If you are sentenced to death and it is carried out there are no second chances available. What also may be considered however is the fact that the mistakes are few and worth the cause. If we can remove one serial killer, rapist or child molester we potentially save hundreds to thousands of victims in their lifetime.
Reporter Sarah Stillman wrote an interesting article, The Throwaways, on the use of confidential informants in the justice system, in which she spoke of the “unfair use” and dangers they endure. What she lacked to explain are the uses of the confidential informants and how completely necessary they are in government activities and procedures when dealing with narcotics and terrorism. There is a legitimate use of confidential informants in the narcotics and terrorism divisions of the justice system that gets undermined by the incorrect assumption that confidential informants do not know the dangers of the undercover work they agree to do. A confidential informant is anyone who supplies beneficial and plausible information in regards to felonious criminal activities, and whom the Justice Law Enforcement Agency presumes they will use again to acquire more information in regards to the same incidents in the future (Criminal Law). Confidential informants are prompted by self-betterment (Unnecessary Evil).
“False Confessions … The Unfortunate Truth” “False Confessions … The Unfortunate Truth” Rick Riso Interviewing & Interrogation / Topic Paper Argosy University – Los Angeles Professor David Campbell November 2010 In today’s criminal justice system, even though legislation exists which attempts to minimize things like unjustified arrests, unwarranted prosecution and even wrongful convictions, there is cumulative evidence of false confessions which continue to present troublesome legal issues. Not only is there presently no official way to monitor the increased frequency of what some have referred to as “police-induced” false confessions, but an apparent disregard for this growing problem as well as the corresponding increase in wrongful convictions which have occurred as a result. The substantial loss to individuals as well as to society as a result of these false confessions has yet to be calculated but it
Mariam Safo 10/22/10 Innocence Project: False Confession/Admissions According to the Innocence Project, “In about 25% of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty.” Some cases have false confessions which are not due to knowledge of a crime or the guilt of actually committing the crime, but are sometimes due to outside influences. Although it may seem that an innocent person wouldn’t “confess” to a crime, there are many reasons why they do especially during police interrogations. There are usually combinations of the cause to the false confessions. According to the Innocence Project, “They include duress, coercion, intoxication, diminished capacity, mental impairment, ignorance of the law, fear of violence, the actual infliction of harm, the threat of a harsh sentence, and misunderstanding the situation.”