Preview

Criminal Justice

Better Essays
Open Document
Open Document
1480 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Criminal Justice
Meg Houbolt
April 19, 2013
“Paradise Lost”
Criminal Justice 101-A
Law Enforcement 102-A

Jessie Misskelley’s signed a Miranda waiver on tape before he was interrogated by Detective Ridge. His confession is not admissible under Iowa law on “Miranda” voluntariness, but I do not believe that the evidence supports his confession. In the case of State of IOwa, Appellee v. Jimmie Lee HODGES page 347, Hodges confessed to the crime that he was accused of after the police officer “suggested that by confessing the defendant would receive better treatment and less severe punishment than if he denied guilt and stood trial.” An officer can tell a suspect that it is better to the truth, but in this case the line seemed to be crossed if the officer also tells the suspect what advantage is to be gained or is likely from making a confession. When the officer provided special treatment to the defendant, he destroyed the voluntary nature of the confession in the eyes of the law. Misskelley refused to testify against Echols and Baldwin even though he was offered a deal in reduction time in his jail sentence. Misskelley was interrogated for 12 hours without his parents or an attorney present during this. Jessie Misskelley had a low IQ score of 72 indicating that he was mentally disabled and even after knowing this the West Memphis police still continued to interrogate him. Although he recanted his so called confession within hours after speaking to the police, it still played a major role in all three convictions of himself, Damien Echols and Jason Baldwin. I feel that Jessie was definitely coerced in making this confession. He failed to provide the correct details of the crime which included the cause of death, times the murders took place and the materials that were used in the murders. He often repeated what information Detective Ridge spoke of in the interrogation. Finally, approximately 46 minutes of the 12 hour interrogation was recorded on tape. In the case of State

You May Also Find These Documents Helpful

  • Good Essays

    Before being questioned in a police interview room, he was given a written copy of the Miranda warnings and an officer who determined that he could read English, gave him time to read them. Thompkins was also provided with a supplemental warning that stated he had the right to decide at any time before or during questioning to use his right to remain silent or his right to speak with an attorney during questioning. That being said, the officer did not ask him if he wanted to waive those rights. During the interview, Thompkins did not admit anything and gave limited verbal and non verbal responses. About three hours in, he was asked, “Do you pray to God to forgive you for shooting that boy down?” He answered, “yes”. This admission was used against him at trial where he was convicted and…

    • 620 Words
    • 3 Pages
    Good Essays
  • Good Essays

    FACTS: The cases of Mr. Miranda, Mr. Vignera, Mr. Stewart and Mr. Westover had similar cases, regarding the admissibility of their confessions. These cases were then addressed together by the Supreme Court of the United States. Mr. Miranda was identified by a witness and arrested, but was not notified of his rights, although he singed a written confession after several hours of interrogation that stated that he was aware of the rights he was not notified about. A jury was presented an oral admission of guilt, as well as the written confession. The jury found Mr. Miranda guilty of murder and rape, and sentenced him to 20-30 years on both counts. Mr. Vignera, who was the second defendant, was arrested for a…

    • 928 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Jessie's confession was involuntary. Just as in Berkemer v. McCarty, a court can find that Jessie was unsure whether or not he was "in custody." Deputy Shrader definitely…

    • 141 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    West Memphis Three Case

    • 754 Words
    • 4 Pages

    Several elements of the confession did not match up. Such as the timing, the place, and how they were killed. All of these were extremely influential elements that should have been considered, but they were not. The police continued to guide Jessie until the testimony was closer to accurate. Jessie Misskelley’s confession was not obtained ethically by any standard, yet it was still used at trial to put away three teenage boys for a great majority of their lives.…

    • 754 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In 1963, Ernesto Miranda was arrested for kidnapping and rape. Arizona police took him to the police station and interrogated him for two hours. After the interrogation, Mr. Miranda had confessed to the crimes, and provided officers with a written confession. Language at the top of the written confession stated that the confession was given freely and voluntarily without any threats or promises. In addition, the language stated that Mr. Miranda was fully aware of his legal rights. However, Mr. Miranda was not advised that he could remain silent and have an attorney present at the interrogation. Subsequently, the statement was entered into evidence at trial, and Mr. Miranda was convicted and sentenced to prison.…

    • 765 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Arizona vs Miranda

    • 299 Words
    • 2 Pages

    Early in 1963, a 17 years old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case, and soon found and arrested a poor, and mentally disturbed man. The name of this man was Ernesto Miranda. Miranda was 23 years old when he was arrested. On March 13, 1963, Miranda was arrested based on circumstantial evidence linking him to the kidnapping and the rape. After 2 police officers interrogated him for 2 hours, he signed a confession to the rape charge. The form he signed included the following statement:…

    • 299 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The chapter focuses on the importance of contaminated confessions by expanding on the various reasons behind the possibility as to why a confession might be contaminated, these are identified throughout the text in various explanations as to why confessions can be tampered with: the puzzle of false confessions, contaminated false confessions, law enforcement practices, corroborated and nonpublic facts, denying disclosing facts, recorded false interrogations, and inconsistent facts (Garrett, 2011). In the case of Jeffery Deskovic’s false confession the police officers gave him facts that were explicit to the case and despite the DNA evidence that was pointing to someone else committing the crime, Jeffery was convicted for 16 years. Jeffery sued for his civil rights being violated. The puzzle behind false confessions is that police are suspected of feeding details of a crime to a compliant suspect. The book asked the question “why do innocent people confess in detail to crimes they had not committed” The relational is that if an individual gives the police exactly what they want then that will, in turn, let those being questioned to be able to go home (Garrett, 2011).…

    • 791 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    In this case an undercover agent was placed in prison with a man who obviously committed a crime. Believing that the agent was a fellow inmate, the prisoner began to brag about his crimes and confessing to some he had gotten away with. When he was about to be charged with those crimes, he invoked his right to be read Miranda. This case ended up going all the way to the Supreme Court and the decision stood. The evidence was valid. Justice Anthony Kennedy wrote that the reason Miranda was put into place was so that police wouldn’t coerce illegal involuntary confessions from suspects. If a prisoner believes that an undercover agent just so happened to be his cell mate, then the prisoner was not coerced into that confession. He voluntarily gave it.…

    • 640 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    As with all fallacies, in order to understand the suspect and situational factors involved in false confessions, more research needs to continue. It is a popular now known fact that studies of false confessions reveal most people who make false confessions are the young, developmentally disabled or mentally ill. However, if a true suspect is foolish enough to fall for police deception, they do so at their own peril (Rhode Island v. Innes, 1980; State v. Jackson, 1983).…

    • 371 Words
    • 2 Pages
    Good Essays
  • Better Essays

    The only concrete evidence the prosecutor relied on was the falsified confession which is also known as the “fruit of the poisonous tree” that was taped by the…

    • 1525 Words
    • 7 Pages
    Better Essays
  • Good Essays

    I think that the evidence is not admissible since the accused was not confronted with a accusation of guilt. Furthermore, the confession was obtained by a police officer, the police officer did not inform Mr. Herbert of his right to remain silent, and the accused was not given access to a lawyer.…

    • 1214 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Psychology of law

    • 1027 Words
    • 3 Pages

    Authorities, researchers and the media have focused a growing awareness of incidences of coerced false confessions, as well as the associated personal and legal implications involved. The Innocence Project, a non-profit legal clinic that assists those wrongfully convicted of crimes, claims that 8% of wrongful convictions are due to forced confessions prompted by police. Consequently, measures have been taken to try and reduce their frequency. There are many aspects in which coercive tactics are problematic but for the sake of this essay I will focus solely on its leading to false confessions.…

    • 1027 Words
    • 3 Pages
    Good Essays
  • Good Essays

    I assumed that once a confession was made, that it is the ending factor to the case. I thought that only mentally disabled and not that intellectual, will be the ones that make false confessions. I do understand how false confessions are coerced out of someone's mouth. I never took the time to think that, of course, the defendant…

    • 1123 Words
    • 5 Pages
    Good Essays
  • Good Essays

    False Confessions

    • 676 Words
    • 3 Pages

    Leo, PH.D., J.D. and Brittany Liu, B.A, two hundred and sixty-four jury-eligible students from a large university in southern California completed a study. Some categories of interrogation tactics were Accusation/re-accusation, challenging denials, Confrontation with true evidence of guilt, Confrontation with false evidence of guilt, promises of leniency and Threats/use of harm. With a mean age of 19.78 years, 64% male and all from different backgrounds who were either victims of a crime or been on a jury themselves agreed that “For false confessions, threats of harm were believed to be more likely to elicit a false confession than all other tactics.”. (What do potential jurors know about police interrogation techniques and false confessions? Page 388 Lines 15-17) Participations in the study acknowledged that interrogation techniques can be psychosocially coercive, but believed that the techniques are not likely to cause a false confession. When a confession is supported with information from expert witnesses, jurors are able to put emotions aside and use their intuition to come up with an idea of whether the confession was coercive or…

    • 676 Words
    • 3 Pages
    Good Essays
  • Good Essays

    So is it the police and their interrogation tactics that are to blame or is it the judicial system and the jury of one’s peers that has failed to look at evidence, confessions, and the beyond a reasonable doubt theory when evaluating suspects? Police officers are required to investigate and submit evidence of individuals guilt based on learning and circumstances that typically they have little knowledge of, the tactics in which police officers gather as much information as they can to pursue the suspect they believe committed the crime should be irrelevant as long as these tactics don’t violate individuals rights. The duty then lies within the courts to evaluate the information presented and determine whether or not the information is valid. Kassin (2008) describes solutions of a reformed system as improving the way jurors and judges evaluate confessions simply by being able to see how that confession was gathered in the first place. Requiring police agencies to record all interrogations and provide this recording to jurors and judges would not only force the police to operate within the rights of the individual; but it allows jurors and judges to see the process by which the confession occurred and determine the…

    • 1241 Words
    • 5 Pages
    Good Essays