...individuals tend to make false confessions because they feel pressured into doing so. This pressure sometimes comes from themselves, the police officers, and how susceptible the individuals are to suggestibility. The interrogation process, age, and other vulnerabilities among adolescents is what makes individuals confess to something they did not do. This has been evident in many cases in the United States, and other studies that have tired to prove this...
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...wrongful conviction cases show the weaknesses in the U.S. justice system. This paper will touch on the causes that lead to wrongful convictions and discuss possible solutions. The main factors of wrongful convictions are eyewitness misidentification, misleading/unreliable forensics, false confessions (coerced/intimidated), witness perjury, prosecutorial misconduct, insufficient lawyering, racism and implicit bias. Since the first DNA exoneration conviction in the United States case that...
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...sense. Naturally, it is difficult to understand why anyone would confess to a crime they didn’t commit. However, false confessions are one the leading causes of wrongful convictions.1 As the Supreme Court of Canada noted in R v. Oickle, innocent people are induced to make false confessions more frequently than those unacquainted with the phenomenon might expect.2 In North America, we can trace the existence of false confessions back to the Salem Witch Trials, where a number of women were persecuted for witchcraft on the basis of confessions that were obtained through torture and threats.3 More recent false confessions have been obtained under psychological duress and not with torture or threats of physical harm.4 Nevertheless, with the developments in law and policies in place to control interrogation methods, false confessions continue to persist.5 This begs the question, are interrogation methods solely responsible for false confessions, or does some of the responsibility fall on the confessor? Scholars and social scientists agree, that it is not solely harsh interrogation tactics that lead to false confessions but it is the combination of these tactics with psychological factors such as, intelligence and personality, which contribute to the likelihood of a suspect providing a false confession.6 While there are currently solutions for avoiding false confessions, they do not adequately address the needs of the most vulnerable individuals who are often induced into falsely confessing...
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...AJS/514 November 9, 2015 James L. Smith Crime Reduction and Prevention Proposal Chicago is a major city with a huge amount of crime and this paper will address crime reduction and prevention in this particular city. It will also address other issues such as; assisting victims, preventing crime, and achieving effective justice. This paper will address the effect that criminological theories and research have had on contemporary and historical crime control policies in Chicago. It will include theoretical rationale for the recommendations that are suggested. Chicago needs more help in these areas because of the amount of crime they are seeing. Victim assistance programs are well organized and widely available to the public of Chicago. The number of programs varies from domestic violence to identity theft. There are specific programs for every individual affected by crime. The Illinois Attorney General Lisa Madigan has created and made the priority of victim assistance a key service to not only victims but to responder’s as well. In assuring that the right training is given to each field in order to assist victims appropriately. Programs and Trainings available to the people of Illinois According to the Attorney General • The Illinois Crime Victim Compensation Program (Direct financial assistance to innocent victims of violent crimes) • The Domestic Violence Fund (legal assistance funding, legal services to victims of domestic violence) • The Violent Crime Victim...
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...Wrongfully Convictions Introduction: Each year, many people that are innocent are dished out short or long term prison term for crimes that they did not commit. These innocent people have been “wrongfully convicted”. Sometimes these wrongfully convicted charges are unbeknownst to the judge and or jury; other times, they are just wrongfully convicted due to corrupt law enforcement officers. This corrupt issue is very wrong and should be done away with immediately, which is my reason my choosing this topic. In this research paper, I plan to find reasons for wrongful convictions, the actual number, statistics, of individuals that have been wrongful convicted, and those individuals who have stepped up to make a difference in this dilemma. Although there aren’t any statistics kept by the Criminal Justice Department on the number of crimes that were recorded as wrongful convictions, research has estimated about 5% of the cases that are tried annual result in a false conviction. Since 1989, 1,241 people have been wrongfully convicted and later cleared of all charges based on evidence that they were innocent, according to the National Registry of Exonerations, a project of the law schools at the University of Michigan and Northwestern University (Clark 2013). The Michigan Innocence Clinic was the first clinic of its kind to work on non-DNA exonerations. Their work has revealed particular circumstances far too often seen in cases of wrongful conviction. These cases show us how the...
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...Areiann Johnson Final Paper April 16, 2012 False Confessions She was killed Mr. Cope. She was raped and murdered! You are in shock. You are confused. You feel indescribable, unbearable pain. This pain is so emotional that it affects you physically too! Someone has ripped your heart out of your chest and made you watch as they relentlessly take a knife to it. All hope is lost. You will surely die from this ordeal. At least you wish you could! Your heart is weak; it drops into your stomach making you nauseated. How will you ever heal? You have been broken. Now every thought that runs through your mind is consumed with your desire for revenge. You want nothing more than to catch the person that has taken someone so precious from you; to make them suffer as you have. Police ask you to come in for questioning. You want to help them do their job and find the perpetrator. You have no idea that the real reason they asked you to come in is because you are their main suspect. They believe you did it. They think that you have taken your own daughters life and have sexually abused her, your little princess…impossible! Billy Wayne Cope is a religious man and has spent numerous hours in church activities with his twelve year old daughter Amanda. On November 29, 2001 Amanda was found on her bed raped and strangled to death. Billy Wayne Cope became police detectives’ main suspect. He initially thought he was helping catch the person that has done this horrific thing...
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...Innocence Project Research Paper Since 1992 The Innocence Project has exonerated 289 people in the United States. To be exonerated of a crime means that a person is acquitted for their crime and released back into society. These wrongful convictions are due to unvalidated or improper forensic science, eyewitness misidentification, and false confessions. In this paper I am going to tell the story of Clarence Elkins and why wrongfully convicting a person is a problem in the United States. It all started on June 6th, 1998 in Summit County, Ohio. Clarence Elkins’ niece was sleeping over at her grandmother’s house, only to be woken in the middle of the night to hearing her grandmother screaming. So his niece ran into the kitchen to see her grandmother being beaten by a man. She ran back into her bedroom to be followed by this man. The niece was sexually assaulted by him. Her next memory was waking up to see her grandmother dead in the kitchen. She then proceeded to run to her neighbor’s house to call the cops. While the cops were on the way the niece proceeded to tell her neighbors that the man she saw last night looked like her uncle Clarence Elkins. Elkins was immediately brought in for questioning and he was the police’s number one suspect. Biological evidence, including hairs, was found at the crime scene and from the victim’s body. Mitochondrial DNA testing was done on pubic hairs from the victim’s bodies. This testing excluded Elkins as a possible contributor...
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...Innocence Project Research Paper Since 1992 The Innocence Project has exonerated 289 people in the United States. To be exonerated of a crime means that a person is acquitted for their crime and released back into society. These wrongful convictions are due to unvalidated or improper forensic science, eyewitness misidentification, and false confessions. In this paper I am going to tell the story of Clarence Elkins and why wrongfully convicting a person is a problem in the United States. It all started on June 6th, 1998 in Summit County, Ohio. Clarence Elkins’ niece was sleeping over at her grandmother’s house, only to be woken in the middle of the night to hearing her grandmother screaming. So his niece ran into the kitchen to see her grandmother being beaten by a man. She ran back into her bedroom to be followed by this man. The niece was sexually assaulted by him. Her next memory was waking up to see her grandmother dead in the kitchen. She then proceeded to run to her neighbor’s house to call the cops. While the cops were on the way the niece proceeded to tell her neighbors that the man she saw last night looked like her uncle Clarence Elkins. Elkins was immediately brought in for questioning and he was the police’s number one suspect. Biological evidence, including hairs, was found at the crime scene and from the victim’s body. Mitochondrial DNA testing was done on pubic hairs from the victim’s bodies. This testing excluded Elkins as a possible contributor...
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...Ethical Issues Paper 2 There are certain rights that criminal defendants involved in the criminal justice system have. These rights are in place to ensure that criminals are not receiving a punishment that is not conducive to the crime. Sometimes though the justice system fails and innocent people are required to spend time incarcerated for crimes they did not commit, and for extended periods. There are many reasons for wrongful convictions including mistaken eyewitness testimony and suggestive lineups; false confessions; perjury by perpetrators, witnesses, jailhouse snitches, and forensic examiners; “junk science;” sloppy laboratory procedures; “tunnel vision” by police and prosecutors and failures to obtain exculpatory evidence; prosecutor...
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...Miscarriages of justice are routine, even mundane features of the criminal justice system” (Goldhill, 2014, p.1). The understanding that the criminal justice system was able to prevent innocents from being found guilty has now given way to the idea that it is possible for this system to find guilty those same innocents. This has lead to courts, government and scholars, working in the criminal justice arena to research and implement strategies to prevent wrongful convictions (Weathered, 2013). As such, this paper will explore the topic of wrongful convictions in Canada, the United Kingdom, and the United States by analyzing elements of each criminal justice system. Moreover, this paper will examine the similarities and differences between the approaches to dealing with wrongful convictions in the above mentioned countries and will argue that the United Kingdom has the better...
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...Criminal Legal Process Quiz 3 Question 1 of 20 5.0 Points If prosecutors decide to charge a person arrested by the police, they do so by: A. a. notifying by memo the judge who, if the case goes to trial, will probably preside. B. b. notifying by memo the lawyer representing the accused. C. c. filing a complaint, information, or indictment with the court. D. d. notifying the accused by letter. Answer Key: C Question 2 of 20 5.0 Points In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer: A. a. without unreasonable delay, under all the circumstances. B. b. within 36 hours of arrest, ordinarily. C. c. within 48 hours of arrest, ordinarily. D. d. within 24 hours of arrest, ordinarily. Answer Key: C Question 3 of 20 5.0 Points Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney: A. a. by the police at time of arrest. B. b. by a magistrate at the first appearance. C. c. by a judge at the preliminary hearing. D. d. by a judge at trial. Answer Key: B Question 4 of 20 5.0 Points According to the Supreme Court opinion...
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...World Religion Report Today there are over one billion members of the Catholic Church and that number grows daily. What it means to be catholic is to love Jesus completely and to follow him and his teachings. Catholics try to integrate Jesus into every aspect of their daily lives. They believe Jesus is lord, father, the son and the Holy Ghost, the Holy Trinity. They follow the Ten Commandments, Thou shalt have no other gods before me, Thou shalt not make unto thee any graven image, Thou shalt not take the name of the Lord thy God in vain, Remember the Sabbath day, to keep it holy, Honor thy father and thy mother, Thou shalt not kill, Thou shalt not commit adultery, Thou shalt not steal, Thou shalt not bear false witness against thy neighbor and Thou shalt not covet. The seven sacraments, Penance, Baptism, Holy Eucharist, Confirmation, Holy Matrimony, Anointing of the Sick, and Holy Orders are the heart of the catholic religion. There are actually three different branches so to say of Christianity, Roman Catholic, Protestant and Eastern Orthodox. The Pope is the head of the Roman Catholic Church. They belong to Catholic churches that are known as parishes, where they go and worship no matter where their location in the world. Catholicism can be traced back to Jesus Nazareth. Its members are headed by Bishops, whose roles originated with the disciples of Jesus. (Patheos Library website, n.d.) Vatican City and Peters Basilica stands above the grave of Peter. The pope is actually...
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...NARCO-ANALYSIS AS A TOOL FOR CRIMINAL INVESTIGATION Project Submitted in Partial Fulfilment of the Requirements For The Degree of Master of Laws of the Mahatma Gandhi University. By NIJIL.D PREFACE . In India scientific methods have emerged as a tool for interrogation and extraction of information from uncooperative suspects and witnesses. But the legality of these methods is in peril, mostly because of the procedure involved and the nature of information obtained through these method. Most of these modern techniques are non invasive methods, which can detect deception without causing physical or mental injury to the subject. Narco-analysis is one of the important techniques among them. It makes use of scientific methods by which the medicine “truth serum” is injected to the convicts so as to prove the crime. But they often raise doubts regarding basic human rights and also about their legal validity. Also when some up holds it’s validity in the light of medical and legal principals and others rejects it on the ground of health hazards and a blatant violation of constitutional provisions. Thus the main issue regarding narco-analysis is its ultimate admissibility in court as forensic evidence and its useful in investigation scientific technique. Recently the supreme court of India in the case of Smt. Selvi and others v. state of Karnataka, has held that involuntary subjecting an accused, a suspect or a witness to narco-analysis...
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...TITLE: FALSE IMPRISONMENT AS A TORT AND ITS REMEDIES BY: HARI PRIYA NALSAR UNIVERSITY OF LAW, SHAMIRPET, R.R. District, HYDERABAD-500 078. HARI PRIYA NALSAR TABLE OF CONTENTS TABLE OF CASES: ............................................................................ 2 Chapter 1: INTRODUCTION.............................................................. 3 1.1 RESEARCH METHODOLOGY ............................................. 3 1.2 RESEARCH PLAN .................................................................. 3 1.3 AIMS AND OBJECTIVES OF THE PROJECT ..................... 4 Chapter 2: PREAMBLE ...................................................................... 5 1.1 WHAT IS FALSE IMPRISONMENT ..................................... 5 1.2 WHO IS LIABLE FOR FALSE IMPRISONMENT ............... 8 Chapter 2: FALSE IMPRISONMENT AS A TORT ........................... 9 Chapter 3: INGREDIENTS OF TORT OF FALSE IMPRISONMENT ............................................................................. 15 Chapter 4: REMEDIES ..................................................................... 17 Chapter 5: CONCLUSION ............................................................... 20 Chapter 6: BIBLIOGRAPHY ........................................................... 22 1 haripriya91@gmail.com HARI PRIYA NALSAR TABLE OF CASES: A. K. Gopalan v. State of Madras .................................................................... 10 Altken vs Badwell (1827) Mood &...
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...Police Corruption and court cases are very common and prevalent. A common pleas judge reversed 53 narcotic convictions Friday which is based on investigations of police in drug units (Writer, 2013). Judge Shiela Woods- Skipper overturned convictions that were based on the testimony of former Jefferey Walker who was arrested in May as part of an FBI corruption inevestigatgion (Writer, 2013). The District Attorney in the case Robin Godfrey requested the reversals in the hearing he said afterward that he was very dissappointed to drop cases involving defendants who had pleaded guilty to drug charges (Writer, 2013). Walker was arrested after he was overheard bragging on how easy it was to rob drug dealers. Agents have said that Walker was assigned to the narcotics unit since 1999 and that he plotted with a government informant to rob drug dealers (Writer, 2013). What he wasn’t aware of is that FBI agents had been listening in on what he was doing (Writer, 2013). In one theft Walker planted drugs in a volkswagon Jetta and arrested the suspect (Writer, 2013). Walker and the informant then entered the drug dealer’s house and took $15,000 according to federal charges. Walker’s next federal case was scheduled for November. 20, at Friday’s hearing more than 70 convictions involving Walker had been scheduled for dismissal (Writer, 2013). I think that most of us know about the blue wall of silence that police use to protect themselves, and co-workers. U.S. attorney Howard Klien...
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