The three errors: Pathways to false confession and wrongful conviction.

2010 ◽  
pp. 9-30 ◽  
Author(s):  
Richard A. Leo ◽  
Steven A. Drizin
Keyword(s):  
False Confession ◽  
Wrongful Conviction

After Exoneration: Attributions of Responsibility Impact Perceptions

2018 ◽  
Vol 33 (01) ◽  
pp. 85-103 ◽  
Author(s):  
Meaghan E. Savage ◽  
Kimberley A. Clow ◽  
Regina A. Schuller ◽  
Rosemary Ricciardelli
Keyword(s):  
Attribution Theory ◽  
Social Motivation ◽  
Emotional Reactions ◽  
False Confessions ◽  
Motivation Theory ◽  
False Confession ◽  
Wrongful Conviction ◽  
Attributions Of Responsibility ◽  
Police Practices

AbstractGuided by Weiner’s (1993, Am Psychol 48:957-964) attribution theory of social motivation, we examined perceptions of exonerees. Specifically, we examined whether biased police procedures impacted perceptions of responsibility, emotional reactions, and willingness to assist exonerees. Participants read a vignette involving an exoneration due to either a false confession or an eyewitness misidentification with police practices (biased vs. unbiased) manipulated across participants. Findings corroborate that participants hold more negative views of exonerees who falsely confess than exonerees who were mistakenly identified by eyewitnesses. Moreover, when police bias was high, participants were angrier at the police and less likely to perceive the exoneree as responsible for the wrongful conviction—especially when false confessions were involved. The findings are discussed in light of Weiner’s social motivation theory, and in regards to improving attitudes towards individuals who have been wrongly convicted.

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

2021 ◽  
Author(s):  
Sonya Basarke
Keyword(s):  
Decision Making ◽  
False Confession ◽  
Wrongful Conviction ◽  
Police Interrogation ◽  
Availability Heuristic ◽  
Criminal Suspects ◽  
The Right ◽  
Practical Implications

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.

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

2021 ◽  
Author(s):  
Sonya Basarke
Keyword(s):  
Decision Making ◽  
False Confession ◽  
Wrongful Conviction ◽  
Police Interrogation ◽  
Availability Heuristic ◽  
Criminal Suspects ◽  
The Right ◽  
Practical Implications

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.

Sign in / Sign up

Export Citation Format

Share Document