In the case, Frazier v Cupp, the Supreme Court ruled deception as an acceptable practice by police investigators during an interrogation (Frazier v. Cupp, 1969). The deception used by the investigator led Frazier to believe his partner had confessed to the murder. The United States Supreme Court ruled, misrepresentation through oral deception by an investigator was acceptable. A case heard in Florida in 1989, Florida v Cayward, defined parameters for deception utilized by law enforcement during interrogations. This case focused on fabricated evidence used to coerce the suspect into confessing. The Florida Appellate Court suppressed the confession on the grounds of eroding public confidence. The court affirmed the use of oral deception, conversely,…
When it comes to terms of conducting investigations, law enforcement officers were permitted to manipulate and use unjustified tactics to question the suspects. These measures have a strong tendency to eventually forced defendants into admitting a crime, whether the defendant is guilty or not. Moreover, in some scenarios, the prosecutors would even went as far as convicting defendants based on flimsy evidence and purposely overlook the solid proofs that can demonstrate defendants’ innocence. These dishonest prosecutors abandoned their responsibilities to obtain justice and to serve as the lawful agent for the people; instead, they deliberately violate the moral principles of their duties and the rights of the defendants to secure convictions. The usual forms of prosecutorial misconduct include but not restricted to: “coercing false confessions”, “lying or intentionally misleading jurors about their observations”, “failing to turn over exculpatory evidence to prosecutors”, “pressuring defense witnesses not to testify” and etc.…
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).…
For example: The movies are somewhat true in the fact that police lie to hostages and kidnappers in order to save the victims, one may say a white lie to the media in order to get some relief from the media, while interrogating or interviewing Police are trained to lie in order to get information, Police try to avoid nonsense calls like the neighbor is being loud or the dog wont stop barking etc., Police even manipulate the work system by trading and/or selling days off and even most requested work orders, Police may try to manuever oneself in a position to make an extra $5000 a year more, Police invade privacy on a regular basis with hidden cameras and recording devices to solve a case, and last but certainly not least, Police involved in a drug sting operation actually make a product and set up citizens to buy the product, then arrest the citizen; I find something morally and ethically wrong with that set-up (Police Crime News,…
Often times people plea-bargain in exchange for testimony this gives the accomplice an incentive to fabricate the truth. With this chance to lie you are creating an unfair judicial procedure. In theory, a petty criminal who is not very important is supposed to testify against a very important criminal in exchange for some sort of reward and there is supposed to be more justice because you've put the more important criminal away. However, since the reward is a reduced sentence, the incentive for most criminals is to give any testimony at all even if it is false. This is what is happening now and it is clear that this is undermining the criminal justice system. Justice is concerned with giving each their due. If someone is innocent, justice requires that they be found innocent and vice…
The Fifth Amendment of the U.S. Constitution forbids the use of coerced confessions in criminal proceedings (Peak et at, 2010). However, internal investigations are a different matter. The U.S Supreme Court case of Garrity v. New Jersey defined what must be done. The case got its start when officers under investigation for fixing citations were ordered to give statements or be fired (Roufa, 2014). The statements were then used to convict the officers and they appealed saying that their statements were coerced with the threat of being fired (Roufa, 2014). The court agreed and what arose from the case was the Garrity rule which states “that if an officer is compelled to provide self-incriminating information or statements, such statements…
A chaotic world is where there is no one to assuage, to take control, and to be candid.…
In this scenario, the correctional officer lied to obtain the information he wanted, and if this was universally acceptable behavior, there would never be an ability to discern between who was telling the truth or lying as people would lie for personal gain while engaging in contradictions on their statements that were made to obtain what they wanted. The person lied to would suffer the consequences of any lie, and this was the case in this scenario. (Daniel,…
Among various arrests, people who are put in jail or prison due to their confession must make them a proven criminal, right? Unfortunately, not everybody who confesses to a crime is in fact guilty. A false confession is an act of confessing to a crime that the confessor didn’t commit. That creates a conflict involving the individual being accused and the trust towards police interrogation. For instance, after nearly eight years in prison, Nicole Harris sued eight Chicago police detectives, alleging that they coerced her confession (Meiser Para.2)…
The technique while effective against guilty suspects have a tendency to elicit false confessions from innocent suspects. The Reid technique is applied the same way for both adults and juvenile suspects. However, based on the low maturity level of juvenile offenders they are more likely to wrongfully implicate themselves in criminal activities that they did not have any part of. Confessions carries a lot of weight in a court proceeding, as suspects are often convicted without any physical or corroborating evidence. It was not until recent years that a prevalence of wrongful convictions through false confession was noticed. Wrongfully convicted people spend many years in prison before they were exonerated by DNA evidence. Furthermore, contrary to popular beliefs, numerous studies found that innocent suspects do provide investigators with false incriminating…
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…
The suspect is interrogated, presented with false information, and admits guilt to actions he or she committed; or the suspect is interrogated, presented with false information, and admits guilt to actions he or she never committed. How and why does this occur, are the tactics that police use justified, and on a whole do they produce competent results? The confession to a crime is viewed by law enforcement and the judicial system as the proverbial nail in the coffin; admission is highly sought and revered. Brasswell et al., (2015) detailed eight deceptive interrogation techniques that law enforcement use to secure an admission, many of which can be viewed simply as police officers doing their job within the constraints the judicial system have given them. Alternately fabricated evidence, exaggerating the nature and severity of the offense, misrepresenting identity, and the use of promises stand out as the four that have an overt ethical dilemma. These tactics have elicited false confessions; coerced-compliant false confessions, and coerced-internalized false confessions (Kassin, 2008), both of which occur with pressure from the police and in this day and age, most of the police induced pressure being psychological in…
There are many different types of hypotheses in regards to ethics in the criminal justice field that we will discuss. The first theory is called Society-at-Large. This assumption means that the citizens would expect a favor from law enforcement if those same people were given something in return. According to Delattre, (2011):…
Jean-Jacques Rousseau’s Confessions has the entire life of its author’s experiences, virtues, and detailed imperfections. Rousseau’s Confessions is one of the first notable autobiographies and has influenced many forms. Rousseau wrote this autobiography in order to tell the world about himself and express the nature of man. Rousseau begins Confessions with by stating, “this is the only portrait of a man, painted exactly according to nature and in all of its truth, that exists and will probably ever exist”(57). He included embarrassing experiences and personal thoughts throughout his life to show every possible virtue of his life. He portrays what every boy encounters from mischievous trickery to entering sexual adulthood. The subject of nature and the freedom of man become a consistent subject throughout his books.…
The Romantic period has been described as the “greatest single shift in the consciousness of the West” (Berlin, 2000) and it is widely accepted among scholars as being a period during which many previously held ideas, values and attitudes were challenged. The Private Memoirs and Confessions of a Justified Sinner, published anonymously in 1824, is a text through which James Hogg highlights and critiques many of the major shifts in consciousness that occurred during the Romantic period- specifically regarding issues of religious extremism and an understanding of the human mind. Due to this, it is not a difficult task to view Hogg’s novel as a commentary about the nature of evil. Utilising satire, ambiguity and double narrative structures, Hogg…