Evaluations of competency to waive Miranda rights and coerced or false confessions: Common pitfalls in expert testimony.

2010 ◽  
pp. 191-209 ◽  
Author(s):  
I. Bruce Frumkin
Keyword(s):  
Expert Testimony ◽  
False Confessions ◽  
Miranda Rights

Juvenile Offenders’ Miranda Rights Comprehension and Self-Reported Likelihood of Offering False Confessions

Assessment ◽  
2003 ◽  
Vol 10 (4) ◽  
pp. 359-369 ◽  
Author(s):  
Naomi E. Sevin Goldstein ◽  
Lois Oberlander Condie ◽  
Rachel Kalbeitzer ◽  
Douglas Osman ◽  
Jessica L. Geier
Keyword(s):  
Juvenile Offenders ◽  
False Confessions ◽  
Miranda Rights

Unreliable Confessions and Miscarriages of Justice in Britain

2002 ◽  
Vol 4 (4) ◽  
pp. 332-343 ◽  
Author(s):  
Gisli H. Gudjonsson
Keyword(s):  
Mentally Ill ◽  
Expert Testimony ◽  
Psychological Research ◽  
Personality Factors ◽  
False Confessions ◽  
High Profile ◽  
House Of Lords ◽  
Psychological Vulnerability ◽  
Court Of Appeal ◽  
British Research

Miscarriages of justice are sometimes caused by confessions, which are coerced by the police or result from suspects' psychological vulnerabilities during custody and interrogation. In recent years there has been considerable research into police interviewing, psychological vulnerability, and false confessions. This paper summarises the salient British research and reviews briefly 23 high-profile murder cases where convictions based on confession evidence have been quashed on appeal between 1989 and 2002. In over half the cases the appellant's psychological vulnerability, rather than coercive or oppressive interviewing, rendered the confession unreliable. The review of the cases demonstrates that relevant psychological research and expert testimony in cases of disputed confessions have had profound influence on the practice and ruling of the Court of Appeal and the House of Lords. The cases presented in this paper show that it is wrong to assume that only persons with learning disability or those who are mentally ill make unreliable or false confessions. Personality factors are often important in rendering a confession unreliable.

Do Video Recordings Help Jurors Recognize Coercive Influences in Interrogations?

2018 ◽  
Author(s):  
Iris Blandón-Gitlin ◽  
Amelia Mindthoff
Keyword(s):  
Decision Making ◽  
Expert Testimony ◽  
Video Recording ◽  
False Confessions ◽  
Jury Decision Making ◽  
Wrongful Convictions ◽  
Video Recordings ◽  
Confession Evidence ◽  
Jury Decision ◽  
Proper Interpretation

In recognition of the role that false confessions play in wrongful convictions, it is recommended that criminal interrogations be video recorded from beginning to end to document the process by which suspects decide to confess. With a full video recording, it is assumed that jurors can see for themselves whether the defendant was coerced to confess to a crime he or she did not commit. Yet research suggests that video recording may in fact induce bias in interpretations of coercion and confession reliability, as factors like camera angles and close-ups can make confession evidence too vivid and persuasive. Without proper interpretation, even seemingly neutral recordings may unduly influence jurors’ decisions about confessions. This chapter reviews the literature on the usefulness of video-recorded interrogations in assisting jury decision-making, as well as the potential for procedural safeguards (e.g., expert testimony) to improve jurors’ understanding of the issues at hand.

Self-Perceived Likelihood of False Confession: A Comparison of Justice-Involved Juveniles and Adults

2018 ◽  
Vol 45 (12) ◽  
pp. 1955-1976 ◽  
Author(s):  
Emily Haney-Caron ◽  
Naomi E. S. Goldstein ◽  
Constance Mesiarik
Keyword(s):  
Juvenile Justice ◽  
Significant Problem ◽  
Correctional Facilities ◽  
False Confessions ◽  
Miranda Rights ◽  
False Confession ◽  
Authority Figures ◽  
Interrogation Techniques ◽  
Justice Systems ◽  
The Relationship

False confessions represent a significant problem for the criminal and juvenile justice systems and juveniles may be at particular risk for falsely confessing. In part, this risk may be due to juveniles’ greater likelihood of waiving Miranda rights and, consequently, undergoing interrogation, as well as their heightened suggestibility and greater susceptibility to and compliance with authority figures compared to adults. With data from 260 participants in correctional facilities, this study compared juveniles’ ( n = 168) and adults’ ( n = 92) self-reported likelihood of false confessions. Younger juveniles reported significantly greater false confession propensity than did adults, especially in response to directive interrogation techniques. Older juveniles did not differ significantly from adults in their self-reported likelihood of false confession. Miranda rights comprehension mediated the relationship between age and false confession likelihood. These findings suggest the need for greater protections of younger juveniles during interrogations.

Imprisoned But Innocent: Wrongful Convictions and Imprisonments in Germany, 1990-2016

2019 ◽  
Vol 66 (5) ◽  
pp. 687-711 ◽  
Author(s):  
Fredericke Leuschner ◽  
Martin Rettenberger ◽  
Axel Dessecker
Keyword(s):  
United States ◽  
Present Article ◽  
Expert Testimony ◽  
The United States ◽  
False Confessions ◽  
Prison Sentence ◽  
Wrongful Conviction ◽  
False Allegations ◽  
Wrongful Convictions ◽  
First Time

Although in the United States wrongful convictions and imprisonments are a major public and scientific concern, this topic has been largely ignored in Germany for decades. The present article offers for the first time an overview of all accessible German cases of successful retrials involving convicted persons who served a prison sentence since 1990. The data refer to 31 wrongfully convicted persons in 29 independent cases. Although the largest group consists of cases of false allegations, some of the wrongly convicted were considered not guilty by reason of insanity, and a few wrongful convictions occurred because of eyewitness misidentification and false confessions. In addition, incorrect expert testimony contributed considerably to the wrongful conviction in some cases.

A look at expert testimony on false confessions

2013 ◽  
Author(s):  
Jonathan P. Vallano ◽  
Ryan Winter
Keyword(s):  
Expert Testimony ◽  
False Confessions

Juror Beliefs About Police Interrogations, False Confessions, and Expert Testimony

2010 ◽  
Vol 7 (2) ◽  
pp. 231-247 ◽  
Author(s):  
Mark Costanzo ◽  
Netta Shaked-Schroer ◽  
Katherine Vinson
Keyword(s):  
Expert Testimony ◽  
False Confessions ◽  
Police Interrogations
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