scholarly journals The Intersection of Wrongful Convictions and Gender in Cases Where Women Were Sentenced to Death or Life in Prison Without Parole

2021 ◽  
pp. 403
Author(s):  
Connor Lang
Keyword(s):  
National Registry ◽  
False Confessions ◽  
False Confession ◽  
Criminal Proceedings ◽  
Child Victim ◽  
Wrongful Convictions ◽  
Life Without Parole ◽  
Death Sentences ◽  
Rules Of Evidence ◽  
And Gender

This Note examines National Registry of Exonerations data and discusses the prevalence of false confessions and presence of a child victim in cases of women who were convicted of murder, received a serious sentence, and were later exonerated. After looking at the cases of women exonerated after receiving death sentences or life without parole sentences in light of the prevalence of these factors, this Note argues that examination of the cases reveals that the presence of a false confession or a child victim may have contributed to some of the wrongful convictions where these factors may have led to the women being viewed as having failed to conform to society’s expectations for women. This Note then discusses why evidence that portrayed the women as having violated society’s expectations could not have been excluded at trial and why exclusion in future cases through the rules of evidence or new legislation is challenging. This Note concludes by arguing that an awareness of how gender can contribute to wrongful convictions or the imposition of harsher sentences can help attorneys and judges guard against gender affecting the outcomes of criminal proceedings.

Interviews of Suspects of Crime

2019 ◽  
pp. 315-339
Author(s):  
Marijke Malsch ◽  
Meike M. de Boer
Keyword(s):  
European Union ◽  
Human Rights ◽  
The Netherlands ◽  
European Convention ◽  
False Confessions ◽  
European Law ◽  
False Confession ◽  
Wrongful Convictions ◽  
Police Interrogation ◽  
Interview Methods

This chapter examines the European law and practice of police interrogation of suspects of crime, and more specifically the extent to which wrongful convictions have led to reform of interrogations in six countries: Germany, France, Italy, Switzerland, Belgium, and the Netherlands. Before discussing the regulations and the interview practices of those countries, the chapter describes the different interview methods used by the police and the risk that some techniques might generate a false confession. These include the Reid Technique, the PEACE Model, and techniques associated with false confessions. The chapter goes on to consider the relevant provisions of the European Convention of Human Rights (ECHR) and European Union directives before concluding with an analysis of regulations and police interview practices in the six countries under review.

scholarly journals Wrongful Convictions and Mental Illness

2021 ◽  
Vol 2 (1) ◽  
pp. 22-54
Author(s):  
Lauren Amos
Keyword(s):  
Mental Illness ◽  
Vulnerable Populations ◽  
Justice System ◽  
Racial Bias ◽  
False Confessions ◽  
Miranda Rights ◽  
False Confession ◽  
Wrongful Conviction ◽  
Wrongful Convictions

People with a mental illness (PWMI) are among the most vulnerable populations in the country, yet are far more likely to be incarcerated than people without a mental illness. PWMI are more likely to be wrongfully convicted for several reasons.At the onset of an investigation, PWMI are more likely to become suspects. Symptoms of mental illness breed fear and misunderstanding, arousing suspicion of a PWMI in the first place. Once approached by police, PWMI are more likely to escalate the initial encounter, leading to arrest and further interrogation. Through the lens of the Reid Technique, police misinterpret symptoms of mental illness as signs of guilt. Police continue using the Reid Technique to extract a confession. Mid- interrogation, PWMI are less likely to invoke Miranda rights. Without counsel, PWMI are more susceptible to minimization and maximation techniques, leading to higher rates of false confessions and ultimately, false convictions. These issues are significantly exacerbated for PWMI of color, who experience additional racial bias. From the beginning of an investigation to the end, the justice system seems perversely calculated to target innocent PWMI, rather than protect them. The case of James Blackmon demonstrates how an innocent PWMI can be railroaded into a false confession and wrongful conviction. This paper details Blackmon’s case, analyzes how each step of an investigation endangers PWMI, and examines possible solutions to protect innocent PWMI.  

scholarly journals Sleep deprivation and false confessions

2016 ◽  
Vol 113 (8) ◽  
pp. 2047-2050 ◽  
Author(s):  
Steven J. Frenda ◽  
Shari R. Berkowitz ◽  
Elizabeth F. Loftus ◽  
Kimberly M. Fenn
Keyword(s):  
Sleep Deprivation ◽  
Direct Evidence ◽  
The United States ◽  
Study Data ◽  
False Confessions ◽  
Major Contributor ◽  
False Confession ◽  
Wrongful Convictions ◽  
Factors Affecting ◽  
Computer Tasks

False confession is a major contributor to the problem of wrongful convictions in the United States. Here, we provide direct evidence linking sleep deprivation and false confessions. In a procedure adapted from Kassin and Kiechel [(1996) Psychol Sci 7(3):125–128], participants completed computer tasks across multiple sessions and repeatedly received warnings that pressing the “Escape” key on their keyboard would cause the loss of study data. In their final session, participants either slept all night in laboratory bedrooms or remained awake all night. In the morning, all participants were asked to sign a statement, which summarized their activities in the laboratory and falsely alleged that they pressed the Escape key during an earlier session. After a single request, the odds of signing were 4.5 times higher for the sleep-deprived participants than for the rested participants. These findings have important implications and highlight the need for further research on factors affecting true and false confessions.

scholarly journals The Science-Based Pathways to Understanding False Confessions and Wrongful Convictions

2021 ◽  
Vol 12 ◽  
Author(s):  
Gisli H. Gudjonsson
Keyword(s):  
Scientific Evidence ◽  
Real Life ◽  
Evidence Base ◽  
False Confessions ◽  
False Confession ◽  
Wrongful Convictions ◽  
Police Interviews ◽  
Questioning Techniques ◽  
Interrogative Suggestibility ◽  
Prison Police

This review shows that there is now a solid scientific evidence base for the “expert” evaluation of disputed confession cases in judicial proceedings. Real-life cases have driven the science by stimulating research into “coercive” police questioning techniques, psychological vulnerabilities to false confession, and the development and validation of psychometric tests of interrogative suggestibility and compliance. Mandatory electronic recording of police interviews has helped with identifying the situational and personal “risk factors” involved in false confessions and how these interact. It is the combination of a detailed evaluation and analysis of real-life cases, experimental work, and community (and prison/police station) studies that have greatly advanced the science over the past 40 years. In this review, the story of the development of the science during this “golden era” is told through the three established error pathways to false confessions and wrongful convictions: misclassification, coercion, and contamination. A case study of a major miscarriage of justice is used to highlight the key issues at each stage of the error pathways and it shows the continued resistance of the judiciary to admit mistakes and learn from them. Science is a powerful platform from which to educate the police and the judiciary.

scholarly journals Gender Differences in Witnessing and the Prevalence of Intimate Partner Violence from the Perspective of Children in Finland

2021 ◽  
Vol 18 (9) ◽  
pp. 4724
Author(s):  
Johanna Hietamäki ◽  
Marjukka Huttunen ◽  
Marita Husso
Keyword(s):  
Intimate Partner Violence ◽  
Partner Violence ◽  
Well Being ◽  
Intimate Partner ◽  
Clinical Samples ◽  
Chi Square ◽  
Child Victim ◽  
Chi Square Test ◽  
And Gender ◽  
Gender Variations

Background—Intimate partner violence (IPV) has both direct and longer-term effects on children’s well-being. Much of the research thus far has relied on caregiver reports of IPV and clinical samples of children. By contrast, minimal research has examined violence between parents from the perspective of children using nationwide samples. Objective—This study explored the frequency of IPV witnessed by children and gender variations regarding the victims, perpetrators, and witnesses. Methods—The data were derived from a sample of 11,364 children from the Finnish Child Victim Survey 2013. The children were between 11 and 17 years old and were enrolled in the Finnish school system. The main methods of analysis included crosstabulation and the chi-square test. Results—The results indicate that children witnessed more IPV against their mother (4.9%) than their father (3.5%). Girls reported having witnessed more violence against both their mother (7.0%) and father (5.1%) than boys did (mothers 2.7%, fathers 1.8%). Girls’ reports of IPV against both parents were twice or more than twice as common as boys’ reports. Conclusions—The above differences might result from gendered expectations and boys’ and girls’ different relationships to violence, as well as differences in the recognition and interpretation of violent incidents. Therefore, practitioners should adopt a gender-sensitive approach as a precondition and practice for working with children in social and health care.

Understanding Police Interrogation

2020 ◽  
Author(s):  
William Douglas Woody ◽  
Krista D. Forrest ◽  
Edie Greene
Keyword(s):  
Cognitive Disabilities ◽  
Mental Illnesses ◽  
False Confessions ◽  
False Confession ◽  
Negative Consequences ◽  
Police Interrogation ◽  
Race And Crime ◽  
Mistaken Belief ◽  
Erroneous Belief

What drives suspects to confess during police interrogation? In particular, why do some people falsely confess to serious crimes, despite both the likelihood of severe negative consequences and their actual innocence? Too often, observers endorse the mistaken belief that only people with severe mental illnesses or cognitive disabilities would confess falsely. This common but erroneous belief overlooks the risks that result from additional factors that can influence the nature of an interrogation and may conduce to a false confession, including investigators’ biases, cultural views about race and crime, the powerful effects of police deception on suspects, and characteristics of the suspect and of the circumstances that can increase the suspect’s vulnerability. This book examines numerous cases of false confession to clarify the totality of the circumstances surrounding interrogation and confession, including the interactions of many psychological, legal, cultural, personal, and other factors that lead to greater likelihood of confessions, including coerced or false confessions. It presents recommendations for reforming police interrogation in order to produce accurate, detailed confessions from factually guilty suspects, confessions that stand up under rigorous legal review, are admissible at trial, and lead to guilty verdicts.

scholarly journals False Confessions and the Use of Incriminating Evidence

2013 ◽  
Vol 1 (1) ◽  
pp. 67-75 ◽  
Author(s):  
Tim Cole ◽  
JC Bruno Teboul ◽  
David E Zulawski ◽  
Douglas E Wicklander ◽  
Shane G Sturman
Keyword(s):  
Present Experiment ◽  
Experimental Studies ◽  
False Confessions ◽  
False Confession ◽  
Experimental Task

To date, few experimental studies have looked at the factors that influence people’s willingness to confess to something they did not do.  One widely cited experiment on the topic (i.e., Kassin & Kiechel, 1996) has suggested that false confessions are easy to obtain and that the use of false incriminating evidence increases the likelihood of obtaining one.  The present research attempted to replicate Kassin and Kiechel’s (1996) work using a different experimental task.  In the present experiment, unlike Kassin and Kiechel’s (1996) study, the participants were completely certain that they were not responsible for what had happened, thereby providing a different context for testing the idea that false incriminating evidence increases the likelihood of obtaining a false confession.  The results are discussed with respect to factors that may or may not increase individuals’ willingness to offer a false admission of guilt.

scholarly journals Geographic distribution of breast cancer incidence in Iran

2017 ◽  
Vol 4 (05) ◽  
pp. 1295 ◽  
Author(s):  
Fatemeh Khosravi Shadmani ◽  
Kamyar Mansori ◽  
Salman Khazaei ◽  
Shiva Mansouri Hanis ◽  
Somayeh Khazaei ◽  
...  
Keyword(s):  
Breast Cancer ◽  
Breast Cancer Incidence ◽  
National Registry ◽  
Study Data ◽  
Age And Gender ◽  
Geographic Disparity ◽  
Special Programs ◽  
Control And Prevention ◽  
And Gender ◽  
Preventive Policy

Background: A geographic disparity for breast cancer (BC) incidence by provinces is introduced in Iran. Present study aimed to clarify the geographic disparity of BC incidence after considering the age and gender. Methods: In this ecological study data about BC incidence extracted from reports of national registry of cancer (NCR), and Disease Control and Prevention in 2008. BC incidence mapping was conducted in geographic information system (GIS). Results: The results were consistent with previous reports but extend the previous knowledge with regarding the age and gender. Highest age specific rates (ASRs) of BC occurred in the provinces located in Central and Northern of Iran. Tehran and Sistan & Balochestan had highest and lowest ASR for male BC and female BC respectively. Conclusion: given that BC occurs more in Central and Northern provinces that are mainly with high socioeconomic status (SES) levels, so it is suggested that disparity in BC incidence can be reduced through planning special programs such as education, screening, and preventive policy in provinces with high priorities. 

scholarly journals Dehumanisasi Pada Penerapan Hukum Pidana Secara Berlebihan (Overspanning van het Straftrecht)

2020 ◽  
Vol 2 (1) ◽  
pp. 1-29
Author(s):  
Ramdan Kasim
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Conceptual Approach ◽  
Current Application ◽  
Detention Centers ◽  
Death Sentences ◽  
The Right

 ABSTRAKJika melihat kecenderungan proses penerapan pemidanaan di Indonesia, maka dapat kita lihat bahwasanya banyak proses pemidanaan yang diterapkan secara berlebihan. Tentunya hal ini menyebapkan adanya over ciminalization pada penerapan pemidanaan yang tentu saja hal ini menyebapkan adanya ketidak harmonisan dalam penerapan hukum pidana yang mana meniadakan rasa kemanusiaan yang berujung pada banyak gejala dehumanisasi yang terjadi. Pada penelitian ini mengunakan jenis jenis penelitian hukum normative dengan mengunakan pendekatan Pendekatan Perundang-Undangan (Statue Approach), Pendekatan konseptual (Conseptual Approach), dan pendekatan kasus (case Approach). Penelitian ini bertjuan untuk mengetahui Bagaimana  penerapan hukum pidana yang ada di Indonesia saat ini dan Bagaimana Prospektif hukum pidana dan pemidanaan yang ada di Indonesia?.  Hasil penelitian ini menunjukkan Bahwa penerapan hukum pemidanaan di Indonesia saat ini, masih meninggalkan beberapa catatan penting antara lain; banyak Terjadinya Over Criminalization dan banyaknya terjadi Dekonstruksi Pidana dan Pemidanaan di Indonesia dimana dekonstruksi itu antara lain; Pertama, Terjadinya Over Kapasitas Lapas dan Rutan, kedua, Pengaturan Hukuman Mati yang Sangat Massif; ketiga, Kebijakan Hukum Yang Over Pada Penghinaan Di Media Sosial; keempat, Dalam Penyidikan Kriminal Penyidik Mencari Bukti Dengan Kejahatan (penyiksaaan); kelima, Inkonsistensi Hak  Atas Perkara Cuma-Cuma (prodeo). Bahwa Prospektif Pembaharuan Hukum Pidana dan Pemidanaan Yang Ada di Indonesia harus didasarkan pada beberapa hal, antara lain: Pedekatan Restorative Justice dalam Penerapan Pemidanaan; Pendekatan Ultimum remedium dalam penerapan pemidanaan; Reformasi Kelembagaan Lembaga Penegak Hukum; dan Revisi Kitab Undang-Undang Hukum Pidana (KUHP) dan Kitab Undang-Undang Hukum Acara Pidana (KUHAP). Kata Kunci: Dehumanisasi, Over Criminalization, Restorative Justice, Ultimum remediumABSTRACTIf we look at the trend of the process of implementing criminal punishment in Indonesia, we can see that many criminal proceedings are over-applied. Of course this implies over ciminalization in the application of punishment, which of course imposes a disharmony in the application of criminal law which negates the sense of humanity which leads to many symptoms of dehumanization that occur. In this study using the type of normative legal research using the approach of legislation approach (Statue Approach), conceptual approach (Conseptual Approach), and case approach (case approach). This research aims to find out how the application of criminal law in Indonesia today and How is the prospect of criminal law and punishment in Indonesia ?. The results of this study indicate that the current application of the criminal law in Indonesia still leaves some important notes, among others; there is a lot of Over Criminalization and many cases of Criminal Deconstruction and Criminalization in Indonesia where deconstruction is among others; First, the occurrence of over-capacity of prisons and detention centers, second, the regulation of extremely mass death sentences; third, the Legal Policy Over Over Insulting on Social Media; fourth, In Criminal Investigations Investigators Seek Evidence With Crime (torture); fifth, the Inconsistency of the Right to Free Cases (prodeo). That the Prospective Criminal Law and Penalty Existing in Indonesia must be based on several things, including: Restorative Justice Approach in the Application of Penalty; Ultimum remedium approach in the application of punishment; Institutional Reform of Law Enforcement Agencies; and Revision of the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP). Keywords: Dehumanization, Over Criminalization, Restorative Justice, Ultimum remedium

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