False Confessions

False Confessions

Postby Sarah » Tue Jul 22, 2014 7:06 pm

False Confessions
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Re: False Confessions

Postby Numbers » Mon Feb 22, 2016 9:54 pm

From an Innocence Project online article:

The phenomenon of false confession can be difficult to grasp as many may understandably wonder how one could possibly confess to a crime that he or she did not commit. Yet we know from the data that this psychological phenomenon is actually all too common. There are a variety of factors that have contributed to innocent people falsely confessing, among them: physical or verbal coercion, mental limitations, intoxication, threat of a harsher sentence, prolonged interrogations, lack of food or sleep, and more.

Ochoa and a co-defendant were arrested in 1998 as suspects in the murder of a young woman in Austin, Texas. Police interrogated Ochoa for hours and threatened that, unless he confessed to the murder and pled guilty, he would face the death penalty and likely be convicted. Under immense pressure to avoid the death penalty, Ochoa falsely confessed and entered a guilty plea. None of this was electronically recorded; had the entirety of the interrogations been recorded, law enforcement officials might have refrained from tactics such as threatening the death penalty, or the interrogation could have been analyzed at later stages by the prosecution, defense, judge and jury to understand what led to the confession. . Ochoa was wrongfully convicted and served 13 years in prison before DNA testing proved his innocence. He now lives in Wisconsin and has earned a law degree.

Requiring the recording of interrogations also protects against the impact of a wrongful conviction on public safety. After all, the only person to benefit from a wrongful conviction is the true perpetrator of the crime. Of the wrongful convictions proven by DNA evidence that stemmed from false confessions, nationally, real perpetrators identified in those cases remained free to commit and be convicted of 46 additional violent crimes, including 11 rapes and 24 murders. After Ochoa was wrongfully convicted of murder, the real perpetrator in his case, Achim Josef Marino, was able to commit two aggravated robberies with a deadly weapon.

- See more at:
http://www.innocenceproject.org/news-ev ... IRb12.dpuf
Expert witness testimony must be the product of reliable principles and methods. {Paraphrase of Fed. Rules of Evidence 702c}
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Re: False Confessions

Postby erasmus44 » Tue Feb 23, 2016 1:47 pm

I wonder if the understanding that there are a lot of false confessions was a result of DNA testing. Prior to DNA, it was probably very very hard to overturn a conviction where there was a confession. DNA has enabled us to confirm that there are, in fact, lots of false confessions. I, for one, was skeptical of the whole false confession phenomenon until the evidence became virtually irrefutable.
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Re: False Confessions

Postby Numbers » Tue Apr 19, 2016 9:03 pm

From: http://www.innocenceproject.org/former- ... rogations/

In an op-ed in the Texas Tribune on Thursday, former United States attorney for the Northern District of Illinois Thomas P. Sullivan called for Texas to pass a law requiring police to adopt evidence-based investigative practices in order to address the state’s high rate of wrongful convictions.

Sullivan says that practices such as the videotaped recording of interrogations both prevent wrongful convictions and help identify and convict the actual perpetrator of a crime. Not only can the videotaped recording of an interrogation protect an innocent person from being convicted due to coercive interrogation tactics, but police can also review the recording for signs they may have missed during the interrogation and to improve their interview techniques, he says. Sullivan also notes that prosecutors favor cases in which there is a videotaped confession.

Sullivan and his associates at the firm Jenner & Block surveyed police and sheriffs in all 50 states about their experiences videotaping custodial interrogations. They found that departments across the nation—including 40 in Texas–reported enthusiastic support for the practice.

Sullivan also notes that most police departments in Texas are already videotaping interrogations, but since there is no uniform procedure in place, it is done at the agencies’ discretion. A state law is needed, he writes, in order to effectively prevent wrongful convictions and to increase public confidence in the integrity and fairness of Texas’ criminal justice system.
Expert witness testimony must be the product of reliable principles and methods. {Paraphrase of Fed. Rules of Evidence 702c}
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Re: False Confessions

Postby Numbers » Fri Oct 07, 2016 10:28 am

New laws seek to overturn, prevent wrongful convictions

There’s new evidence that the climate on crime and punishment is changing in California: a handful of bills signed by Gov. Jerry Brown that will make it easier to overturn, or prevent, wrongful convictions.

One law, signed by Brown last week, will allow prisoners to challenge their convictions with new evidence that, more likely than not, would have changed the outcome of their trials, easing the current standard that requires near-certain proof of innocence. The law takes effect next year. Another measure allows immigrants facing deportation for criminal convictions to offer newly discovered evidence that they were wrongfully convicted.

A third bill, whose supporters included the California Police Chiefs Association, will require police to record all interrogations of murder suspects, recordings that jurors can use to decide whether confessions were voluntary or coerced. A decade ago, lawmakers twice approved legislation requiring recording of interrogations in all violent felony cases, but Gov. Arnold Schwarzenegger vetoed both measures.

Source: http://www.sfchronicle.com/crime/articl ... 522828.php
Expert witness testimony must be the product of reliable principles and methods. {Paraphrase of Fed. Rules of Evidence 702c}
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Re: False Confessions

Postby Numbers » Thu Jan 05, 2017 11:13 pm

Advocates Call for Recorded Interrogations in Kansas and Texas

Currently, {ONLY} 21 states require the recording of interrogations.

Two Kansas exonerees urged their state lawmakers to pass a bill requiring recorded interrogations in an op-ed in the Leavenworth Times last week.
....
In Texas, a state commission is asking the legislature to implement reforms including electronic recording of interrogations, according to a piece in the Austin American-Statesman.

Source: http://www.innocenceproject.org/advocat ... rogations/
____
The recording of interrogations should be required by law in all states.
Expert witness testimony must be the product of reliable principles and methods. {Paraphrase of Fed. Rules of Evidence 702c}
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Re: False Confessions

Postby erasmus44 » Thu Jan 05, 2017 11:30 pm

Numbers wrote:Advocates Call for Recorded Interrogations in Kansas and Texas

Currently, {ONLY} 21 states require the recording of interrogations.

Two Kansas exonerees urged their state lawmakers to pass a bill requiring recorded interrogations in an op-ed in the Leavenworth Times last week.
....
In Texas, a state commission is asking the legislature to implement reforms including electronic recording of interrogations, according to a piece in the Austin American-Statesman.

Source: http://www.innocenceproject.org/advocat ... rogations/
____
The recording of interrogations should be required by law in all states.


An important reform.
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Re: False Confessions

Postby Numbers » Tue May 09, 2017 8:10 pm

erasmus44 wrote:
Numbers wrote:Advocates Call for Recorded Interrogations in Kansas and Texas

Currently, {ONLY} 21 states require the recording of interrogations.

Two Kansas exonerees urged their state lawmakers to pass a bill requiring recorded interrogations in an op-ed in the Leavenworth Times last week.
....
In Texas, a state commission is asking the legislature to implement reforms including electronic recording of interrogations, according to a piece in the Austin American-Statesman.

Source: http://www.innocenceproject.org/advocat ... rogations/
____
The recording of interrogations should be required by law in all states.


An important reform.


https://www.innocenceproject.org/new-ks ... nvictions/

Kansas is now the 23rd state in the country to require law enforcement to record certain custodial interrogations. In addition, the U.S. Department of Justice has a policy for federal law enforcement agencies to record interrogations of all suspects in their entirety. This comes almost a year after Governor Brownback signed eyewitness misidentification reforms into law, another leading cause of wrongful convictions. Prosecutors, law enforcement and the innocence community worked collaboratively on this law that now requires agencies to adopt policies with recommended best practices for preventing eyewitness misidentification.
Expert witness testimony must be the product of reliable principles and methods. {Paraphrase of Fed. Rules of Evidence 702c}
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