Błędy w opiniach biegłych sądowych – w kontekście niesłusznych skazań

In current domestic and foreign research and extensive discussions on the reasons for unjust convictions, the main reasons include false confession, errors in the work of investigators and the examination of evidence, including primarily incorrect opinions of experts. In the case of incorrect expert opinions, the most common reasons are insufficient qualifications and experience of the expert and carelessness of conducted research combined with low awareness of the role and importance of giving opinions in the process.

Wrongful Convictions and Mental Illness

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.

"You have the right to remain silent, so why are you talking?" : interrogation rights, decision making, and the availability heuristic

A police interrogation is one mechanism by which a false confession is sometimes obtained, which in turn can lead to a wrongful conviction. Given the severity of this consequence, rights for criminal suspects have been developed to protect the innocent. Unfortunately, the effectiveness of these rights has been called into question, as there is evidence that most people do not fully understand their rights, and the rate at which people choose to waive their rights is extremely high. The current study examined factors relating to people's interpretation of their rights when asked to speak with police. It was found that participants retained their rights at higher rates than expected. In addition, the results indicate that it is possible to affect waiver rates by manipulating the availability of information relating to negative or positive interrogation outcomes. This could have practical implications for how criminal suspects' rights are administered.

"You have the right to remain silent, so why are you talking?" : interrogation rights, decision making, and the availability heuristic

A police interrogation is one mechanism by which a false confession is sometimes obtained, which in turn can lead to a wrongful conviction. Given the severity of this consequence, rights for criminal suspects have been developed to protect the innocent. Unfortunately, the effectiveness of these rights has been called into question, as there is evidence that most people do not fully understand their rights, and the rate at which people choose to waive their rights is extremely high. The current study examined factors relating to people's interpretation of their rights when asked to speak with police. It was found that participants retained their rights at higher rates than expected. In addition, the results indicate that it is possible to affect waiver rates by manipulating the availability of information relating to negative or positive interrogation outcomes. This could have practical implications for how criminal suspects' rights are administered.

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

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.

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

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.

Safeguards

This chapter examines safeguards for suspects and defendants who provide false or coerced confessions, opening with laypersons’ typical acceptance of confessions. The authors then review protections from law enforcement, particularly recommendations that police video-record interviews and interrogations with a balanced perspective. The authors next explore court decisions that shape jurors’ roles in evaluation of confession evidence; they then discuss the growing body of scholarship that investigates jurors’ perceptions and trial decisions. The authors then examine judges, ways that judges differ from jurors and juries, and ways that judges remain vulnerable to false or coerced confessions and the testimony of experts. The authors emphasize the limited effectiveness of these safeguards to prevent a false confession from becoming a mistaken conviction.