scholarly journals Considerações sobre as condenações injustas fundamentadas em provas periciais: análise do Innocence Project, do National Registry of Exoneration e mecanismos para redução de erros periciais

Author(s):  
Erick Simões ◽  
Aline De Araújo Lourenço
2021 ◽  
Vol 2 (3) ◽  
pp. 205-225
Author(s):  
Lucrezia Rizzelli ◽  
Saul Kassin ◽  
Tammy Gales

Confession evidence is powerfully persuasive, and yet many wrongful convictions involving false confessions have surfaced in recent years (Innocence Project, 2021; National Registry of Exonerations, 2021). Although police are trained to corroborate admissions of guilt, research shows that most false confessions contain accurate details and other content cues suggesting credibility as well as extrinsic evidence of guilt. Hence, a method is needed to help distinguish true and false confessions. In this study, we utilized a corpus-based approach to outline the linguistic features of two sets of confessions: those that are presumed true (n = 98) and those that have been proven false (n = 37). After analyzing the two corpora in LIWC (Linguistic Inquiry and Word Count) to identify significant categories, we created a logistic regression model that distinguished the two corpora based on three identified predictors: personal pronouns, impersonal pronouns, and conjunctions. In a first sample comprised of 25 statements per set, the model correctly categorized 37 out of 50 confessions (74%); in a second out-of-model sample, the predictors accurately classified 20 of 24 confessions (83.3%). A high frequency of impersonal pronouns was associated with confessions proven false, while a high frequency of conjunctions and personal pronouns were associated with confessions presumed to be true. Several patterns were observed in the corpora. In the latter set of confessions, for example, “I” was often followed by a lexical verb, a pattern less frequent in false confessions. Although these data are preliminary and not to be used for practical diagnostic purposes, the findings suggest that additional research is warranted.


2021 ◽  
Vol 7 (1) ◽  
pp. 567
Author(s):  
Aline De Araújo Lourenço ◽  
Erick Simões da Camara e Silva

Este artigo pretende analisar a relação entre as provas periciais e as condenações injustas. Trata-se de tema ainda pouco explorado no Brasil, mas com amplo debate nos EUA. Por essa razão, utiliza-se como base o modelo estadunidense para responder às seguintes questões: 1) Quais são as principais organizações e bases de dados estadunidenses relacionadas às reversões de condenações injustas? 2) Quais os reflexos da abordagem estadunidense no Reino Unido, no Canadá e no Brasil? 3) Como as provas periciais relacionam-se às condenações injustas? 4) Existem critérios aplicáveis às provas periciais que possam ser implantados no Brasil com vistas a diminuir a chance de erros periciais e interpretações equivocadas por parte dos julgadores? Espera-se apresentar o ponto e o contraponto no uso da prova pericial, abordar o mérito de organizações que buscam reverter condenações injustas e sugerir critérios para aprimorar a forma como os peritos dialogam com os julgadores.


Author(s):  
Matthew Barry Johnson

This chapter focuses on the concentration of rape cases among confirmed wrongful convictions. How stranger rape differs from date and acquaintance rape with regard to the risk of wrongful conviction is presented. Innocence Project and National Registry of Exonerations data are examined as well as case illustrations. The chapter examines the pressures on law enforcement authorities and the role of primary evidence, secondary evidence, black box investigation methods, the continuum of intentionality, and victim status in stranger rape. In addition, a stranger rape thesis is presented to distinguish the unique challenges faced in the investigation of “stranger rape. The moral outrage associated with stranger rape produces a great demand on police for arrests and convictions yet reliable identification of the perpetrator is compromised in stranger rape.


1994 ◽  
Vol 72 (01) ◽  
pp. 033-038 ◽  
Author(s):  
N Schinaia ◽  
A M G Ghirardini ◽  
M G Mazzucconi ◽  
G Tagariello ◽  
M Morfini ◽  
...  

SummaryThis study updates estimates of the cumulative incidence of AIDS among Italian patients with congenital coagulation disorders (mostly hemophiliacs), and elucidates the role of age at seroconversion, type and amount of replacement therapy, and HBV co-infection in progression. Information was collected both retrospectively and prospectively on 767 HIV-1 positive patients enrolled in the on-going national registry of patients with congenital coagulation disorders. The seroconversion date was estimated as the median point of each patient’s seroconversion interval, under a Weibull distribution applied to the overall interval. The independence of factors associated to faster progression was assessed by multivariate analysis. The cumulative incidence of AIDS was estimated using the Kaplan-Meier survival analysis at 17.0% (95% Cl = 14.1-19.9%) over an 8-year period for Italian hemophiliacs. Patients with age greater than or equal to 35 years exhibited the highest cumulative incidence of AIDS over the same time period, 32.5% (95% Cl = 22.2-42.8%). Factor IX recipients (i.e. severe B hemophiliacs) had higher cumulative incidence of AIDS (23.3% vs 14.2%, p = 0.01) than factor VIII recipients (i.e. severe A hemophiliacs), as did severe A hemophiliacs on less-than-20,000 IU/yearly of plasma-derived clotting factor concentrates, as opposed to A hemophiliacs using an average of more than 20,000 IU (18.8% vs 10.9%, p = 0.02). No statistically significant difference in progression was observed between HBsAg-positive vs HBsAg-negative hemophiliacs (10.5% vs 16.4%, p = 0.10). Virological, immunological or both reasons can account for such findings, and should be investigated from the laboratory standpoint.


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