However, the first mistake made by the suspects who falsely confess is talking to the police. So how can someone be so easily influenced to speak when it is not necessary or in their best interest? The fact is, investigators go into in interrogation room with one goal in mind and that is to elicit a confession. As Kassin shows, with enough manipulation, even an innocent person may be lead to believe his or her own guilt. Sometimes even confabulating the information into one’s own memory.
The DNA exonerations focused attention on the kinds of evidence that produced faulty convictions (Berger, 2006). The chief culprit in over seventy-five percent of the cases was mistaken eyewitness identification testimony, but in more than one third of the exonerations, flawed forensic evidence other than DNA, played a role. Eyewitness Testimony Arguments There are many arguments for and against eyewitness testimony use in court. Some of the benefits would consist to actually having someone at the incident as it actually occurred. Another benefit would also be having a first- hand account of what an individual who could give testimony of what was seen or experienced.
Also the defense will ask for a change of venue to help with juries with believing someone is innocent. This defense attorney is determining to keep people innocent until they are proven guilty. He does not want someone who is innocent to have their name slander. He is an attorney for DUI cases which is kind of pretty hard to prove their innocent. This criminal law website is determined to keep people who are under investigation or have already been arrested, to keep their record clean and out of jail.
What are the problems with non-interrogatory forms of evidence? Choose two forms of non-interrogatory evidence to discuss. Having enough evidence is key in charging, prosecution and finally conviction of criminals, unfortunately most cases result in the police needing and wanting more evidence. Due to insufficient evidence the Crown Prosecution Service (CPS) will not be pursued cases further, even if the police believe they have the right suspect. However there are other types of evidence collection apart from that of questioning, which falls under the title of non-interrogatory forms of evidence such as surveillance and scientific evidence.
A few common unreported crimes that deal with negative sexual related criminal behavior toward another individual are visible. These are known as rape as well as sexual assault. The reasons many may feel hesitant to report crimes include fear of the accused criminal such as retaliation, shame or embarrassment of society’s judgment as well as the law enforcement not believing his or her statements. Other reasons may include courtroom participation as well as the thought of the crime being too petty to report. Although the act of negative criminal behavior from one individual to another such as rape and sexual assault is indeed underreported, there are also other crimes unreported.
“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
The criminal justice system relies heavily on eyewitness identification for investigating and prosecuting crimes in that, it may be the only evidence present for identifying criminals in certain cases (Wells & Olson, 2002). The strong weight given to eye witness identifications is nonetheless a matter of concern as it eye witness identifications have been demonstrated to be flawed, even when witness confidence is high. Experience has shown that the convincing and sincere witness can often be mistaken. Memon (2008) explains where eye-witness testimonies have been greatly unreliable; where Jean Charles de Menezes was shot by police as a result of mistaken identity. According to eye-witnesses he was described as suspicious, jumped over a ticket barrier and was wearing a wearing a bulky jack supposedly concealing a device.
He or she will also face problems when trying to obtain a job. For the reason that they don’t find jobs, he or she will tend to turn to criminal acts for financial gain which will often lead to reincarceration. In my opinion plea bargaining is not fair and it’s corrupt. Especially with people that are guilty and take the plea bargain they don’t received the proper correction. Likewise it is not fair for a person that is innocent and is pressured to plea bargain for the believe that he or she will most likely not be considered not guilty.
Interrogation, Miranda, and Invocations of the Rights to Silence and to Counsel I am a "Law & Order" addict who thinks I could get a perp to confess. A little glaring, some getting in the guy's face, a revelation that his fingerprints are all over the murder weapon and voilà! He's recounting his crime. In real life, police interrogation requires more than confidence and creativity (although those qualities do help) -- interrogators are highly trained in the psychological tactics of social influence. Getting someone to confess to a crime is not a simple task, and the fact that detectives sometimes end up with confessions from the innocent testifies to their expertise in psychological manipulation.
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.”