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.  

The Criminology of Wrongful Conviction

2016 ◽  
Vol 33 (1) ◽  
pp. 82-106 ◽  
Author(s):  
Richard A. Leo
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
Cause Analysis ◽  
Academic Field ◽  
Root Cause ◽  
Improve Accuracy ◽  
Current Article ◽  
To Come

This article reflects on the author’s 2005 article, “Rethinking the Study of Miscarriages of Justice,” which sought to describe what scholars empirically knew at that time about the phenomenon, causes, and consequences of wrongful convictions in America. The 2005 article argued that the study of wrongful convictions constituted a coherent academic field of study and set forth a vision for a more sophisticated, insightful, and generalizable criminology of wrongful conviction. In this current article, the author revisits the ideas first developed in “Rethinking the Study of Miscarriages of Justice” to evaluate what scholars have learned about wrongful convictions in the last decade, and what challenges lie ahead for developing a more robust criminology of wrongful conviction. The article concludes that there have been significant theoretical, methodological, and substantive advances in the last decade, but that a root cause analysis of wrongful convictions has yet to come to fruition and urges empirical scholars to begin to study other sources of error and inaccuracy in the criminal justice system. Scholars should develop a criminology of erroneous outcomes, not just of erroneous conviction. By studying both sets of outcomes, scholars can improve accuracy and reduce errors across the board.

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.

scholarly journals The Narrow Road to Exoneration - the Incidence, Characteristics and Outcomes of Wrongful Conviction Claims in Sweden over a One-Year Period

2018 ◽  
Vol 5 (2) ◽  
pp. 131
Author(s):  
Sara Hellqvist
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Review Process ◽  
Wrongful Conviction ◽  
Criminal Cases ◽  
Wrongful Convictions ◽  
The Road ◽  
Pass Through ◽  
Narrow Road ◽  
One Year

One way of investigating the phenomenon of wrongful convictions is to study the road to exoneration. In some respects, the post-conviction review process lies at the heart of the wrongful conviction issue, since this is where alleged miscarriages of justice are either acknowledged or rejected. However, the number and characteristics of the criminal cases that pass through the Swedish post-conviction review process are unknown. Against this background, the overarching objective of the present article is to provide an empirical basis for an informed discussion of wrongful convictions. More specifically, this article examines wrongful conviction claims and the judicial outcomes of these claims over a one-year period. The findings are discussed in relation to the view that the operation of the post-conviction process may be understood as a means by which the legal system may preserve its legitimacy. It is also discussed why there is a need for more transparency in this particular part of the criminal justice system.

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.

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.

False Confessions in Popular Culture

2017 ◽  
Author(s):  
Rebecca Pfeffer
Keyword(s):  
Popular Culture ◽  
Justice System ◽  
Visual Cues ◽  
Police Department ◽  
False Confessions ◽  
False Confession ◽  
Average Person ◽  
The Media ◽  
Fictional Story ◽  
The Way

Stories involving false confessions can be emotional and moving, as they appeal to our innate desire for justice. As such, stories of false confessions can be powerful tools in books, films, and televisions shows. The way that a false confession is framed, and the context in which it is introduced to consumers (whether as readers or viewers) makes a big difference in how a false confession will be perceived. In fictional stories in print or on screen, typically the viewer (or reader) has some sense of a person’s true innocence or guilt. In a television show, the viewer may have already seen a clip of the crime with the true criminal. Other musical or visual cues may also give viewers clues as to the true guilt or innocence of an individual offering a confession to a crime. Because viewers know, or will know, the true identity of the person who committed the crime in question, the use of an interrogation or a false confession (or both) can be used to demonstrate the moral character of the confessor. In exactly the same way, the use of a false confession in a fictional story can be used to demonstrate the morality of a police officer or even a whole police department. For example, a scene depicting the interrogation of a suspect that viewers know is not guilty may be used to demonstrate the use of immoral, coercive interrogation techniques by television detectives. In nonfiction, the exploration of false confessions is often used to demonstrate the fallibility of the justice system. Because the idea that an innocent person would confess falsely to a crime that they did not commit seems incredibly counterintuitive to the average person, in-depth explorations (whether in documentaries, podcast series, newspaper or magazine expose, etc.) of the process by which false confessions can happen can be instrumental in helping people understand the reality of the phenomenon. The way a case or a confession is framed in the media and understood in popular culture also impacts our social construction of that person’s guilt or innocence.

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 The David Eastman case: The use of inquiries to investigate miscarriages of justice in Australia

2019 ◽  
Vol 45 (1) ◽  
pp. 60-65
Author(s):  
Jacqueline Fuller
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Wrongful Conviction ◽  
Australian Capital Territory ◽  
Wrongful Convictions ◽  
Australian Capital ◽  
High Profile

The wrongful conviction of David Harold Eastman in the Australian Capital Territory represents one of Australia’s most recent and high-profile public failures of the criminal justice system and highlights the limits of the Australian legal system. Further, the Eastman case draws into question the use of inquiries into miscarriages of justice, particularly when an inquiry’s recommendations can be disregarded by governments (as it was in this instance). This article provides an overview of the Eastman case and critically evaluates how it sheds light on the use of inquiries as an avenue to investigate and correct wrongful convictions more broadly in Australia.

Does Australia Need a Specific Institution to Correct Wrongful Convictions?

2007 ◽  
Vol 40 (2) ◽  
pp. 179-198 ◽  
Author(s):  
Lynne Weathered
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Current Situation ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
International Context

In recent years, hundreds of people have been exonerated overseas after demonstrating that they were wrongly convicted of crimes for which they spent many years in prison, and these are only the ones uncovered to date. Australia has its own sampling of known wrongful convictions. England, Canada and the United States have introduced different mechanisms to address in some fashion, the facilitation of exonerations. This article considers the current situation for the wrongly convicted in Australia, placing it within this international context. This comparison will demonstrate that Australia has fallen behind these other common law countries by failing to deliver new mechanisms, establish new bodies or incorporate new avenues that would enable the correction of wrongful conviction to occur. Wrongful conviction must now be recognised as an unenviable but inevitable part of any criminal justice system and a problem that should not be tolerated. Australia's criminal justice system must meet the challenge to update its provisions rather than continue to proceed under provisions other countries have identified as failing to meet the needs of the wrongly convicted.

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.

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