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Michael Crowe: A Case of Poor Interrogation Technique
There is no single correct way to conduct an interrogation, just as there is no single correct way to write a novel or to design a building or to raise a child. However, there are certainly a number of incorrect ways to interrogate a subject, and the 2002 movie The Interrogation of Michael Crowe unfortunately demonstrates a number of them. "Unfortunately" because the movie is based on a real case and the examples of poor-to-the-point-of-unethical interrogation techniques had terrible consequences for Michael Crowe as an individual as well as for the rest of his already-grieving family. The police spent hours interrogated Michael, a fact that meant that he was unable to attend his sister's funeral, a fact that damaged the family as a whole.
The facts of the case as they are presented in the movie appear to be accurate when they…
These individuals are at risk of either confessing to crimes they did not commit or otherwise compromising their rights by virtue of inappropriate police interrogation techniques (Gudjonsson, 2003), a fact that has increasingly been recognized by the courts in their evaluation of the constitutionality of the interrogation methods that were used by police during their confinement preparatory for trial (Kinports, 2007).
Taken together, the research indicated that police interrogation remains an art rather than a science, and that every situation is unique and demands interrogation techniques that are appropriate. In a perfect world, there would be no crime, but the harsh reality of the human condition is that there are always going to be criminals who will try anything to avoid being caught, and when they are caught, will try anything to avoid being convicted. In their haste to secure a confession with career criminals or in cases where…
Blackman, J. (2011). The constitutionality of social cost. Harvard Journal of Law & Public
Policy, 34(3), 951-955.
Black's law dictionary. (1991). St. Paul, MN: West Publishing Co.
Feld, B.C. (2006). Police interrogation of juveniles: An empirical study of policy and practice.
Once the suspect is "the accused," and the right to counsel has been attached, the suspect cannot be interrogated by any means, including by undercover officers or secretive means. Only when the suspect openly volunteers information and waives a lawyer, can information after he is "the accused" be used against him or her. This even applies when a suspect is out of jail on bail awaiting trial. These methods cannot be used to obtain additional evidence, or the Sixth Amendment will be violated, and the evidence will not hold up in court. In addition, officers must know the suspect's condition and status at all times, and if they do not, they must assume the suspect falls under Sixth Amendment rights.
Obviously, there are several precautions necessary when dealing with the thorny problems of the Sixth Amendment. Officers must be constantly aware of the suspect's rights, and of the moment when…
Chapter 9. "Interrogation and the 6th Amendment."
Gardner, Martin R. "The Sixth Amendment Right to Counsel and Its Underlying Values: Defining the Scope of Privacy Protection." Journal of Criminal Law and Criminology 90.2 (2000): 397.
.. information or a confession, punishing him for an act he... has committed or is suspected of having committed, or intimidating or coercing him (qtd. "United Nations").
The effects of the Abu Gharib scandal, and the other interrogation concerns coming from Guantanamo Bay, led to the recently passed Military Commissions Act, which further clarifies the United States' position on the use of alternative interrogation methods and what is and is not acceptable, including the discontinuance of the use of waterboarding.
Again, although the use of alternative interrogation techniques, such as sleep deprivation or long time standing have the same goals of information retrieval, their similarities end there. Standard interrogation does not involve coercive methods. Prisoners or sources may be mentally intimidated, but they do not suffer physical or mental harm. Even the information garnered can be vastly different. Information received by standard interrogation methods is typically considered more reliable than…
Horton, S. When Lawyers are War Criminals. 12 Oct 2006. Pace Law School. November 25, 2006 http://library.law.pace.edu/blogs/jib/2006/10/when_lawyers_are_war_criminals.html .
Interrogation. 15 Nov 2006. Wikipedia.com. November 25, 2006 http://en.wikipedia.org/wiki/Interrogation .
Scelfo, J. & Nordland, R. "Beneath the Hoods." Newsweek (2006). November 25, 2006 http://www.msnbc.msn.com/id/5412316/site/newsweek/ .
Sullivan, A. "Torture by Any Other Name is Just as Vile." The Sunday Times (24 Sept 2006).
Interviewing and Interrogation Techniques
Interviewing and interrogation is an imperative component of the criminal justice system, particularly in cases with limited or non-existent physical evidence. In cases such as these, the information gleaned from interviews and interrogations typically make up the body of the evidence against a particular suspect or number of suspects, hence the importance of learning and practicing effective interview and interrogation techniques. For the purposes of this paper, I will begin by discussing the differences between an interview and interrogation, in addition to the differences between a witness and a criminal suspect. I will then discuss the various techniques imployed by law enforcement investigators, to include the popular eid Technique of interrogation.
An investigative interview typically precedes an interrogation. In many cases, interviews of potential witnesses -- who at the time of interview commencement are typically not considered criminal suspects -- reveal key information leading to the…
Inbau, F.E., Reid, J.E., Buckley, J.P. & Jayne, B.C. (2004). Criminal Interrogation and Confessions. Sudbury: Jones & Bartlett Learning.
Jayne, B.C. & Buckley, J.P. (2011). The Reid Technique of Interrogation. Retrieved April 8, 2011 from http://www.reid.com/educational_info/canada.html
Thakur, N.C. (2010). Interview and Interrogation in the Investigation of Crime. Retrieved April 9, 2011 from http://ncthakur.itgo.com/chand3a.htm
Interviews and Interrogation
Interview and Interrogation
According to Borum, Gelles and Kleinman (2009) law enforcement interrogators historically have made a distinction between the concepts of an interview and an interrogation. One commonly understood difference is that the purpose of an interview is to gather information, whereas the primary purpose of an interrogation is to garner a confession from a suspect who is presumed to be guilty.
Another difference (Inbau, 2001) involves the presence or absence of an accusation during the interaction. An interview is non-accusatory. During an interview, the investigator is encouraged to adopt a neutral and objective attitude and is instructed not to accuse the subject of wrongdoing. By contrast, an interrogation is accusatory. The interrogator will often begin an interrogation by directly accusing the suspect of committing the crime that is under investigation, and the entire interaction will revolve around that accusation.
Inbau (2001) notes the goals of…
Borum, R., Gelles, G.G., & Kleinman, S.M. (2009, January). Interview and interrogation: A perspective and update from the U.S.A. University of South Florida. In Selected Works, Draft Version, Chapter 6. Retrieved May 17, 2011 from http://works.bepress.com/cgi/viewcontent.cgi?article=1043&context=randy_borum&sei-redir=1#search= "the+difference+between+interrigations+and+interviews
Find Law. (2011). Miranda warnings and police questioning. FindLaw. Retrieved May 17, 2011 from http://criminal.findlaw.com/crimes/criminal_rights/your-rights-miranda/when-miranda-required.html
Inbau, F.E. (2001). Criminal interrogation and confessions. 4th ed J.E. Reid, J.P. Buckley, & B.C. Jayne (Eds.) New York: Aspen Publishers.
He may present the existing evidence to the offender in a way that makes the guilt appear more certain than it perhaps is, or if he enhances the confidence in the evidence, this could be an effective and acceptable approach to elicit a confession. Coercion and lies, however, should not be an acceptable interrogative practice.
n another case in 1987, detectives lied to Florida resident Thomas Sawyer about the presence of physical evidence at the crime scene. They told the man that they found his hair and clothing fibers on the murder victim's body. After spending 14 months in jail awaiting trial, Sawyer's coerced confession was suppressed and he was exonerated in 1989.
Granted, the ramifications of not finding the murderer are severe. There are two things to consider when dealing with an accused person. f evidence is not clear and he is the real offender, letting him go risks…
In another case in 1987, detectives lied to Florida resident Thomas Sawyer about the presence of physical evidence at the crime scene. They told the man that they found his hair and clothing fibers on the murder victim's body. After spending 14 months in jail awaiting trial, Sawyer's coerced confession was suppressed and he was exonerated in 1989.
Granted, the ramifications of not finding the murderer are severe. There are two things to consider when dealing with an accused person. If evidence is not clear and he is the real offender, letting him go risks the possibility of a repeat offense. If he is not the real offender and he is imprisoned without clear evidence then an innocent person is being punished. The second would be crueler. Deception should not be used in order to avoid the possibility of a false confession. Imprisoning an innocent man is more of a crime than not imprisoning a guilty man and therefore, investigators should not force an accused to make a confession that is false.
There are other more reliable ways to prove an accused guilt, which should be exhausted before considerations for interrogative deception should be made. In conclusion, deception should be based on a substantial amount of incriminating evidence and not on clear lies as in the two cases presented above.
Security Interviews and Interrogation
THE WHAT's AND THE HOW's
Security Interviews and Security Investigations
Offhand, interrogations are conducted with criminal suspects, while interviews are held with witnesses to crimes and with job applicants (Stephens, 2014). All kinds of questions can be asked when interrogating suspects. ut certain questions are not allowed when interviewing job applicants. These questions include age, the applicant's children and number of marriages, disability, race or ethnicity, marital status, political beliefs and party, faith or religion and sexual orientation or preference (Stephens).
Interviews and interrogations are also conducted differently. Female witnesses differ in perception from male witnesses (Stephens, 2014). Women tend to focus on the suspect's eyes to sense his or her motive, while men tend to take note more of the build and arm length. Many experts say that children are the best witnesses in general. Their recall of incidents should, therefore, be protected.…
Reid, J.E. (2005). Trickery and deceit during an interrogation. John E. Reid and Associates. Retrieved on June 22, 2014 from http://reid.com/educational_info/r_tips.html?serial=1107286261495331&print= [print]
Stephens, S.L. (2014). To interview or interrogate -- know the difference. Net Places:
About.com. Retrieved on June 21, 2014 from http://www.netplaces.com/private-investigation/interviewing-and-interrogation/to-interview-or-interrogate-know-the-difference.htm
Laws and Legal Limitations in the United States Have Affected the Use of Coercive Interrogation echniques
After the 9/11 attacks, the United States' government abandoned its policy going against torture. Many professionals devised the move like those from the health care, lawyers justifying it, with the higher levels of government authorizing it. A program deemed with psychological and physical abuse was used on the detainees stationed in Guantanamo Bay. Nonetheless, the government has been known for championing the rights of prisoners around the globe through various laws. hrough several legal frameworks, the country has been purposing to develop "a new country in the new world that would distinguish itself from its humanity." his was done even before the First World War. Part of the participatory preparations that ensure non-use of force among the detainees was the signing and ratification of the Geneva Convention by the United States of America. he…
The legislation and limitations against coercive interrogation techniques have affected heavily by the process of soliciting technical information from the criminals. As far as the government of George Bush of the United States of America was against torture on grounds of going against human rights, the limitations have complicated the entire process of accessing criminal information from the sources. With the attacks of 11, 2011, it became apparent that the restrictions were protecting the interests of the offenders, most of which were against the processes of acquiring necessary information from them about criminality. The use of force serves to be one of the mechanisms of minimizing crime in the United States of America. Now, the rates of crime have been subdued merely because of fear of torture when arrested. The limitations paved way for detainees or suspects to engage in crime, and remain adamant throughout the interrogation process. Most of these criminals are not able to convey the necessary information that has hindered the investigation into occurrences of crime in the country and the world as a whole.
Crime has escalated in the United States of America only because criminals know they will not be subjected to any physical and psychological torture when they are in the bases like in Guantanamo Bay. The interrogative processes that are used to access information about criminal activities are somewhat limited to non-use of torture and any other similar technique, as proposed and protected by the legal restrictions. Therefore, the entire process of managing access to criminal information has become hard for many investigators. Just like in Guantanamo Bay before the 9/11 attacks, most cases assumed to have no basis for obtaining such information was restricted to the humane procedures. Evidently, they bore limited results and successes.
Although the restrictions have acted as hindrances to qualitative ways of managing criminal activities, it has brought in the essence of humanity and respect for humanity in the world. Some of the torture methods are beyond the sense of humankind. With the use of the restrictions, such processes have been eliminated. The society has emerged as sound in protecting the human rights and acting within the boundaries of humanity. Therefore, there is a substantial gain and loss with the use of the restrictions in the United States of America and the world as a whole.
Rodley (2000) defines torture as an authorized interrogation technique under which a person is harmed deliberately in order to force him to say or do something. Despite being forbidden by the International Law in the twentieth century international legal prohibitions, the act of torture still continues stealthily or in the open. This issue has resurfaced due to the growing fear of War of Terror and the WMD (Weapon of Mass Destruction). This problem can be viewed with much more detail with the "ticking time bomb" theory.
Charles Krauthammer, the syndicated columnist and conservative political commentator, wrote in "The Truth about Torture" (2005) published in The Weekly Standard, that some changes be made to the Detainee Treatment Act (2005). The DTA was introduced by Sen. John McCain (R-AZ), forbidding all kinds of cruel treatment of the people in custody of the United States. However, Krauthammer suggests that there should…
Krauthammer, Charles. "The Truth about Torture: It's time to be honest about doing terrible things." The Weekly Standard. 5 Dec 2005. 27 Jan 2012. Retrieved from http://www.weeklystandard.com/Content/Public/Articles/000/000/006/400rhqav.asp
Rodley, N.S. 'The Treatment of Prisoners Under International Law' (2nd edition) (Oxford University Press, 2000)
Silverberg, E. (2013, July 14). A Rhetorical Analysis of Krauthammer's "The Truth about Torture." Retrieved from Maxima Scribe: https://maximascribe.com/2013/07/14/a-rhetorical-analysis-of-krauthammers-the-truth-about-torture/
Smith, K. (2007). Is Torture ever Morally Acceptable? If so, Under what Circumstances? If not, why not? E-International Relations Students.
The Rationale for and the Efficacy of Torture during Interrogation
Although information from interrogational torture is unreliable, it is likely to be used frequently and harshly. ==John W. Schiemann, 2012
The epigraph above is indicative of the growing consensus concerning the lack of efficacy of torture in providing interrogators with reliable concealed information Concealed information is the foundation of the majority of security issues. In most cases, concealed information is a situation wherein one individual knows something that someone else does not know. Consequently, the majority of security issues could be resolved if there was a dependable method of determining those cases in which an individual was concealing information and extracting that information effectively. To date, though, there has not been a dependable method developed.1 For instance, polygraph research has been unable to achieve an accuracy level that would make the results acceptable in courtrooms in the United States…
a) Changes in APA Public Policy
According to several changes made in APA Public policy with relation to the role of psychologists in the interrogations session, APA has prohibited its psychologists from taking part in the varied torture or cruel, inhuman or degrading interrogation techniques by stating, "No psychiatrist should participate directly in the interrogation of persons held in custody by military or civilian investigative or law enforcement authorities, whether in the United States or elsewhere. Direct participation includes being present in the interrogation room, asking or suggesting questions, or advising authorities on the use of specific techniques of interrogation with particular detainees (Pope, 2008, Psychologists at the Center of the Controversy)." urthermore, it was asserted through referendum which took place in 2008 that psychologists must not operate outside territories which are under the jurisdiction of international law such as Guantanamo, Bagram, or the CIA or JSOC "black site" prisons,…
Furthermore, since APA complies with United Nations definition of human rights, it can be implied that APA's definition of human rights includes universality and inalienability. The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions (UNHR, 1996). Hence, APA recognizes humans to have rights which cannot be taken away (APA, 1987).
Impact of U.S. Policies on Detainees
Where treaties like Geneva Convention and convention against torture and other cruel, inhuman or degrading treatment or punishment, prohibit any inhumane behavior resulting into physical and mental distress, there are no governing bodies to supervise the law and order agencies as an organization like APA has been
Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To make matters worse, they violated his constitutional rights in the process. These issues are highlighting how there were questionable tactics used to obtain the confession. To fully understand what is occurring requires focusing on: possible arguments which can be raised on Stone's behalf, if there was a violation of his constitutional rights and case law that supports these claims. Together, these elements will illustrate how Stone's civil rights were violated during the course of the investigation.
Discuss the arguments you think Taylor will raise on Stone's behalf regarding the lineup, interrogation, and confession.
There are a number of arguments which can be raised that will…
Bill of Rights. (2012). Archives.org. Retrieved from: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Fourteenth Amendment. (2013). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/constitution/amendmentxiv
Sixth Amendment Supreme Court Cases. (2013). Revolutionary War and Beyond. Retrieved from: http://www.revolutionary-war-and-beyond.com/sixth-amendment-court-cases-right-to-counsel-clause.html
Gates v. Illinois. (2010). U.S. Supreme Court Center. Retrieved from: http://supreme.justia.com/cases/federal/us/462/213/
Ethics in Law Enforcement
"Sometimes [police officers] may, and sometimes may not, lie when conducting custodial interrogations. Investigative and interrogatory lying are each justified on utilitarian crime control grounds. Police are never supposed to lie as witnesses in the courtroom, although they may lie for utilitarian reasons similar to those permitting deception & #8230;" (Skolnick, et al., 1992)
Is it ethical for law enforcement officers to use deception during the interrogation process? It appears that when officers are attempting to extract a confession from a suspect, deception is, in many cases, commonly applied strategy. Does a code of ethics conflict with the way in which law enforcement conducts its interviews and interrogations? hat do the courts say about deceptive interrogation tactics? These issues will be reviewed in this paper.
Deception in the Interrogation Room
Is it ethical to lie to obtain the truth? No. Do the ends justify the means?…
Braswell, Michael C. (2011). Justice, Crime, and Ethics. Maryland Heights, MO: Elsevier.
Leo, Richard A. (2009). Police Interrogation and American Justice. Cambridge, MA: Harvard
McMullen, Patrick M. (2005). Questioning the Questions: The Impermissibility of Police
Deception in Interrogations of Juveniles. Northwestern University Law Review, 99(2),
Chavez v. Martinez case is one of the major lawsuits in the history of the United States that addressed the potential civil liability for coercive interrogations. In this lawsuit, the U.S. Supreme Court more clearly recognized the constitutional issue that confirmed that coercive interrogation may violate the right of a suspect to substantive due process in certain conditions. This violation is likely to occur even when no self-incriminating statement is used against the suspect under interrogation (Manak, p.1). Nonetheless, the violation will be identified only when particular alleged conduct develops to a level of coercive interrogation that surprises the conscience. Consequently, the ruling in Chavez v. Martinez case has had significant impacts on the interview and/or interrogation process by police officers.
Background to the Case:
Martinez filed a lawsuit against law enforcement officers after being shot during a struggle or altercation with these officers. hile undergoing treatment for the gunshot…
"Chavez v. Martinez - 538 U.S. 760 (2003)." Justia U.S. Supreme Court Center. Justia, Oct. 2002. Web. 17 Feb. 2013. .
"Chavez v. Martinez." Casebriefs - Bloomberg Law. Casebriefs LLC, n.d. Web. 17 Feb. 2013. .
COHEN, THEA A. "Self-Incrimination and Separation of Powers." THE GEORGETOWN LAW JOURNAL 100.895 (2012): 895-928. Web. 17 Feb. 2013. .
Manak, James P. "Potential Civil Liability for Coercive Interrogations." AELE Alert Training Bulletin. AELE Law Enforcement Legal Center, Jan. 2012. Web. 17 Feb. 2013. .
Law enforcement interrogation techniques have a high potential for error because criminals are motivated to give false information to the police. An effective training program can help to reduce the potential for error by teaching officers how to conduct interrogation techniques properly, and by helping officers select the most appropriate techniques to use with a given subject. Selection of an optimal technique greatly improves the chances of learning useful information from a subject, and reduces error rates. Commonly used methods include good cop/bad cop, pride and ego down and the Reid technique. It is important to be able to select the optimal technique and implement it correctly to reduce errors.
A number of techniques are effective for gaining information from a subject during interrogation, however some techniques work better with certain types of subjects than others. Good cop/bad cop works well with young or inexperienced subjects who are…
List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation").
Authentication of physical evidence can be accomplished by:
Testimony of a witness who has first-hand knowledge. This is enough for authentication if the person involved has personal diligence that a matter is what is claimed to be.
A non-expert person who must have been well-acquainted with the specimen and did not acquire the knowledge for the purpose of betrayal, such as a spouse or roommate.
Allowing the jury or an expert to put in comparison the evidence purported with the specimens which have been authenticated is enough for authentication.
Distinctive qualities and associated circumstances such as sending a bill to a particular address and getting payment from the bill or other appearance, contents, substance, as well as other internal design qualities when admitted together with…
Dressler, J. (2002). Understanding Criminal Procedure. Newark, New Jersey: LexisNexis.
Gaines, L., & Miller, L. (2006). Criminal Justice In Action: The Core. Belmont, California:
S.Bransdorfer, M. (1987). Miranda Right-to-Counsel Violations and the Fruit of the Poisonous
Montejo v. Louisiana, 556 U.S. 778, 129 S. Ct. 2079, 173 L. Ed. 2D 955
Jesse Montejo and Jerry Moore were interrupted during a burglary by the owner of the residence, Lewis Ferrari (U.S. Supreme Court, 2009). Montejo was picked up for questioning the next day and after waiving his rights under Miranda v. Arizona (384 U.S. 436, 1966), admitted to shooting and killing Lewis Ferrari during the burglary. When Montejo was arraigned two days later in court, he stood mute as the court appointed counsel.
A few hours after the arraignment, police detectives visited Montejo at the jail (U.S. Supreme Court, 2009). During the end of the ensuing discussion, Montejo waved his Miranda rights and agreed to take them to the murder weapon. During the trip to locate the murder weapon, Montejo wrote a letter of apology to the victim's widow.
The defense attempted to suppress the letter of…
Bretz, Emily. (2010-2011). Don't answer the door: Montejo v. Louisiana relaxes police restrictions for questioning non-custodial defendants. Michigan Law Review, 109, 221-256.
U.S. Supreme Court. (2009). Montejo v. Louisiana: certiorari to the Supreme Court of Louisiana. FindLaw.com. Retrieved 10 July 2012 from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=07-1529 .
Custodial Interrogation vs. Voluntary Statements
In legal and criminal justice terms, as well as in their application in everyday life, there is a considerable degree of distinction between a voluntary statement and custodial interrogation. Nonetheless, there are a number of key similarities between these terms. Both of these proceedings (the issuing of a statement and an interrogation while in custody) can incriminate. Moreover, it is also possible for what begins as an opportunity to issue a voluntary statement to end as an instance of custodial interrogation. One of the key differences between these proceedings is the liberty of the person issuing administration to either federal, state or local authorities.
A voluntary statement is made to the aforementioned authorities without an individual being compelled to make a statement. Frequently, voluntary statements are made at will on the part of the person making them. Individuals may choose to go to a police…
Duke Law Journal. (1978). Note: Custodial interrogation after Oregon v. Mathiason. http://scholarship.law.duke.edu / Retrieved from
human intelligence particularly in the context of Afghanistan war. Afghanistan is a Muslim Asian state which has been victimised by external forces of USA and ussia. The internal state of Afghanistan is very unfavourable for the development of country and it is most likely that for rehabilitation, it needs the assistance of many other countries.
In the context of human intelligence, it is important to mention that this topic has not been much explored in the literature. The reason can be its possible connection with the car, while the literature mainly casts light upon the causes and outcomes of the war. The strategies are mostly confidential and it takes centuries to explore them.
The paper will explain the concept of human intelligence and its implications in war against the countries. The paper revolves around USA policies and practices maintaining focus on its invasion in Afghanistan in the background of Iraq.…
1. Hastedt, Glenn and Guerrier, Steven. 2010. Spies, Wiretaps and Secret Operations. USA: ABC-CLIO.
2. Holmes, Dave and Dixon, Norm. 2001. Behind the U.S. War on Afghanistan. Australia: Resistance Books.
3. Lansford, Tom. 2003. A Bitter Harvest: U.S. Foreign Policy and Afghanistan. England: Ashgate Publishing, Ltd.
4. Rothstein, Hy. 2006. Afghanistan and the Troubled Future of Unconventional Warfare. USA: Naval Institute Press.
They point out that if a suspected terrorist gets on a plane and gets off at a place like Copenhagen or Toronto and demands asylum, even if he is not granted asylum, he's pretty much got a safe haven to operate in because he can' be deported or extradited back to where ever he came from. They believe that such lenient 'European' laws create a huge gap in security, which need to be tightened and that human rights conventions such as the Convention Against Torture make it almost impossible for states to gain a reasonable and necessary degree of assurance against devastating attacks in an age of asymmetrical warfare against international terrorists.
Former U.S. officials such as Michael Scheuer, who helped to set up the CIA's rendition program during the Clinton administration, are more forthcoming about commenting on the nature and existence of 'extraordinary' renditions. Scheuer has in different statements…
Begg, Moazzam. "Rendition: Tortured Truth." New Statesman 26 June 2006: 19.
Below the radar: Secret flights to torture and 'disappearance.'" Amnesty International Report. April 5, 2006. February 5, 2008 http://www.amnesty.org/en/alfresco_asset/5d82f002-a2d8-11dc-8d74-6f45f39984e5/amr510512006en.html
Charter, David. "Britain accused on secret CIA flights." Times Online. November 29, 2006. February 5, 2008. http://www.timesonline.co.uk/tol/news/world/article653418.ece
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." Office of the High Commissioner for Human Rights. 1987. February 5, 2008. http://www.unhchr.ch/html/menu3/b/h_cat39.htm
Long, 463 U.S. 1032, 1040 (1983)) since the independence of a state court's state-law judgment is not clear.
Furthermore the Court stated that the Florida Supreme Court treated state and federal law as interchangeable and interwoven and therefore would give jurisdiction to the U.S. Supreme Court based on a ruling made in the Michigan v. Long case.
he most weight was obviously put on the wording used and how it can be interpreted and how it was interpreted. Since there are grammatical differences between "before" and "during," the decision cannot be upheld. It is clear that if the interrogator used the phrase: ".. An attorney will be presented to you before questioning" it is not the same as if it would read: ".. And attorney will be presented to you before and during questioning." his is misleading and can be interpreted as if the defendant would have the right to…
Thomson Reuters . (2009). "Miranda" Rights and the Fifth Amendment. Retrieved April 28, 2010, from Criminal Law: Your Rights: http://criminal.findlaw.com/crimes/criminal_rights/your-rights-miranda/miranda.html
U.S. Constitution. (1789, March 4). Bill of Right. Retrieved April 29, 2010, from U.S. Constitution: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Wikipedia.org. (n.d.). United States Declaration of Independence. Retrieved April 29, 2010, from United States Declaration of Independence: http://en.wikipedia.org/wiki/United_States_Declaration_of_Independence
In the event the intelligence detailed by the Israeli administration proves to be accurate with respect to nuclear weapons development, this office is reminded of the words of the late President John, F. Kennedy, spoken almost exactly 45 years ago to the day, on October 22, 1962, addressing the Soviet threat in Cuba:
We no longer live in a world where only the actual firing of weapons represents a sufficient challenge to a nation's security to constitute maximum peril. Nuclear weapons are so destructive and ballistic missiles are so swift that any substantially increased possibility of their use or any sudden change in their deployment may well be regarded as a definite threat to peace." (Sorensen, 1965)
Extraordinary risks to national security demand (and justify) extraordinary actions to prevent them from materializing. A military response will be required to participate with Israel in destroying Iranian nuclear facilities either in possession…
Allison, G. (2004) Nuclear Terrorism: The Ultimate Preventable Catastrophe.
Henry Holt: New York
Dershowitz, a. (2002) Why Terrorism Works: Understanding the Threat,
Responding to the Challenge. Yale University Press: New Haven
Psychology -- Central Park ogger
Matthew ohnson's The Central Park ogger Case - Police coercion and secrecy in interrogation (ohnson, 2003), posits the reasonable theory that police interrogation is "ripe for abusive treatment" and the equally reasonable position that custodial questioning should be entirely recorded and preserved. While ohnson was wise to focus on the Central Park ogger case and place it in historical/cultural context, he focused so intently on race considerations that he made some logically weak assertions about the race factor and omitted or glossed over equally effective supporting points about legal principles and the impact of adolescence on false confessions. The results of ohnson's approach are a reasonable theory and a tenable position that could be supported by far stronger arguments.
The problem of false confessions remains a significant problem in the American criminal justice system, particularly when the Defendant is a nonwhite adolescent. As the…
Johnson illustrates his points by placing the CPJ case in historical and cultural context.
Historically, European colonialism of America involved enslavement and genocide. Even after passage of the Emancipation Proclamation, slave states continued to enslave by criminalizing various activities of African-Americans and forcing them to labor on plantations, for other private businesses and for the state; the CPJ case occurred during a time of increased youthful lawlessness (Johnson, 2003). Culturally, Johnson points to the "unique racialized fears of Manhattan, and its pristine Central Park, being overrun by lawless, inner-city, black and Latino youths" (Johnson, 2003), but even more broadly: the U.S. is the world leader in incarceration; it is used race-related slavery in its recent past; it gives police broad powers in investigation, apprehension and interrogation; the U.S. is "captivated by crime"; our society essentially leaves police unsupervised; there is a prevailing attitude that as long as you do not look "criminal" you do not have to worry about the police, with the result that suspects are regarded as criminals. In Johnson's estimation, this results in a combination of police coercive powers and secrecy that often contaminate the interrogation process and thus criminal justice proceedings.
Johnson also briefly mentions 3 types of false confessions: voluntary, coerced-compliant, and coerced-internalized (Johnson, 2003). A "voluntary" false confession is
This last category includes the infamous waterboarding technique, which has -- in subsequent evaluations -- been labeled illegal torture. An important consideration in the evaluation of these techniques has been the additive impact of combining techniques to achieve an enabling condition or objective. In other words, in its 2002 memo to John izzo, the Acting General Counsel of the C.I.A., the U.S. Justice Department specifically prohibited some combinations of techniques and specifically permitted other combinations. In the period following 9/11 through 2005, revolving officials in the Office of Legal Counsel of the U.S. Justice Department issued radical memos supporting or opposing the standard imposed by Congress for identifying torture. The harsh interpretation in 2005 asserted that the techniques used by the C.I.A. were not "cruel, inhuman or degrading," and so could not be considered to be torture.
How would you validate the information received from a suspect that was deprived…
Greene, C.H. And Banks, L.M. (2009). Ethical guideline evolution in psychological support to interrogations operations. Consulting Psychology Journal: Practice and Research, 61(1), 25-32.
Mazzetti, M. And Shane, S. (2009, April 17). Interrogation memos detail harsh tactics by the C.I.A. The New York Times. Retrieved http://www.nytimes.com/2009/04/17/us/politics/17detain.html?hp [Type text]
Another form of deception involves the use of imaginary witnesses that the suspect is told already explained the entire story to police. This is done in the hopes that the suspect will believe he or she is already caught so they tell the truth and confess.
It is acceptable to use such deceptions in interrogations because of the person being interrogated didn't commit the crime they will not know many of the details.
Even if they try to provide a false confession the details will be sketchy which will rule them out as the perpetrator. If they have all of the unpublicized details they are most likely the person who committed the crime.
Because most deception is employed only after the suspect executes a valid waiver of Miranda rights, Miranda offers suspects little protection from deceptive interrogation techniques (Magid, 2001)."
Deception during interrogations is a necessary tool that…
Deceptive police interrogation practices: how far is too far?
Michigan Law Review; 3/1/2001; Magid, Laurie
He has already placed himself under a cloud of suspicion by the community, and while he still possess the same essential rights, he cannot be regarded deserving of the same attention as the boy. Cappa's rights must be respected to the fullest because he, in so far as anyone knows, has always respected the rights of others. Smoot has not. The temporary abridgment of Smoot's rights in order to ensure the Natural Rights of Mickey Cappa would seem to be in accord with an ideal of happiness for all. In this kind of situation, the existence of a predator or abductor in the community represents a threat to everyone's natural rights. It is a threat that should be removed. If indeed, Sylvester Smoot is innocent, his interrogation can be viewed as means both of making sure that Mickey Cappa's rights were protected, as well as away of showing to the…
The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Wilma's murder (Dershowitz, 2002; Zalman, 2008).
Search and Seizure and Unlawful Arrest Issues:
The fact pattern does not make clear whether or not the police actually conducted a search of Fred's home or were merely "bluffing" to induce cooperation from Fred. Assuming that no such unwarranted search was actually being conducted, there was no impermissible search and seizure of Fred's home. Provided Fred still (reasonably) believed that he was free to terminate the interview and leave when he volunteered the confession, that evidence should not be excluded under Miranda (and related) doctrine and principles.
However, the police did seize Fred's vehicle, which was an impermissible…
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Friedman, A. (2005). A History of American Law. New York: Touchstone.
Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
Tactics and Techniques of Successful Interviews
Interviewing is definitely an art form. There are a number of different tactics and techniques that law enforcement agencies utilize depending on the unique elements of each individual situation. Still, there are some techniques that prove strong in almost any situation. Thus, the technique of theme development and alternative questioning are incredibly useful across situational contexts, making them a tried and proven interview tactic.
One of the most successful interview tactics I have personally witnesses is what is known as theme development. This is essentially "offering the suspect a moral excuse and the investigator presents the suspect with reasons to confess by offering possible rationalizations, projections of blame, or even minimizations" (Heuback, 2009). It constructs a theme which allows the person being interviewed t go along with and thus feel more understood and accepted by the interviewer. Once a theme is established, the interviewer…
Heuback, Jessica. (2009). Suspect interrogation: Communication strategies and key personality constructs. Advances in Communication Theory and Research. Web. http://www.k-state.edu/actr/2010/12/20/suspect-interrogation-communication-strategies-and-key-personality-constructs-jessica-heuback/default.htm
Jayne, Brian C. & Buckley, Joseph P. (2011). The Reid technique of interrogation. John E. Reid & Associates. Web. https://www.reid.com/educational_info/canada.html
The new landscape that has developed within the criminal justice system in recent times has presented many challenges that are difficult to solve and present no real easy solution. The ever present threat of terrorist activities has placed this system in a unique situation where a balance between human rights and the protection of the citizens. In legal attempts to thwart terrorist efforts, advanced and debatable interrogation techniques have begun taking place. The purpose of this essay is to discuss the ethical dilemma that is present in finding and achieving this balance between what is right and wrong. This essay will suggest that there is not general right or wrong and that each case must be handled with reason and rational thought in order for the criminal justice system to maintain a useful place within society.
The 9/11 attacks collectively spooked out everyone in America, despite the…
Millar, S. (2008). Extraordinary Rendition, Extraordinary Mistake. Common Dreams, 30 Aug 2008. Retrieved from https://www.commondreams.org/view/2008/08/30-5
2004 case of Missouri v. eibert that was appealed to the U.. upreme Court to generate a new rule prohibiting a specific practice often used by, and taught to police officers. That technique involved a two-tiered interrogation strategy expressly designed and intended to circumvent the Fifth Amendment constitutional protections guaranteed by the Miranda rule. The way the strategy worked was that police would deliberately delay reading Miranda warnings to question suspects for the purpose of acquiring information about their culpable conduct. Afterwards, they would Mirandize the same subject and then re-open the discussion, referencing that information. The suspects invariably made admissions of guilt after being Mirandized because they knew they had already provided the information and were unaware of the legal distinction of statements "inside" and "outside" of Miranda warnings.
The first admission is absolutely inadmissible. At the time it was made, the suspect was already participating in a custodial…
Hoover, L. "The Supreme Court Brings an End to the "End Run" Around
Law Enforcement Bulletin, Vol. 74, No. 6 (June, 2005): 26 -- 32.
http://www.fbi.gov /stats-services/publications/law-enforcement-bulletin/2005' target='_blank' REL='NOFOLLOW'>
This resulted in many countries rejecting majority if not all of the aspects regarding torture. However, torture is still being practiced in quite a few countries although they would rather not accept it in front of their own public or on the international level. There are a number of devices that are being used in order to bridge this gap such as "need to know," country denial, using jurisdictional argument, "secret police," denying the torturous nature of the treatments, appeal to different laws, making claim regarding the "overriding need," and many more on. In the history and even today as well there are a lot of countries that have taken part in torture (unofficially), what this means is that all of these countries have stopped their efforts in trying to stop this trend of torture and have started making use of this technique again (Vreeland, 2008).
United States in one…
Levinson, Sanford (2006). Torture: A Collection. Oxford University Press, USA.
Parry, John T. (2010). Understanding Torture: Law, Violence, and Political Identity. Ann Arbor, MI: University of Michigan Press.
Reddy, Peter (2005). Torture: What You Need to Know, Ginninderra Press, Canberra, Australia.
Schmid, Alex P. And Crelinsten, Ronald D. (1994). The politics of pain: torturers and their masters. Boulder, Colo: Westview Press.
The Supreme Court however, should not reverse their ruling on Miranda rights, because they are Constitutional rights that every citizen has. The majority of the time, criminals who are less educated will not know of their rights and therefore the institution of Miranda rights is crucial for every suspect to have a fair and equitable treatment from police officers.
In order to circumvent Miranda right restrictions an investigator should focus upon questions that allow suspects to explain their situation and reveal information that they would otherwise not have revealed. An investigator should focus on information such as their name, date of birth, address and other biographical information, collection of such information is legal under Miranda rights at the same time they convey to the suspect that they are still going to be questioned, and that Miranda rights do not give them unequivocal blank check to not talk to the police.…
J. Simpson or John Gotti. In both cases, the defendants are entitled to the presumption of innocence only in court; but there is no such "presumption" in the intellectual "court" of one's mind.
A lawyer with integrity would refuse to represent any defendant he believed was probably guilty of horrendous crimes and simply let that defendant be represented by a court-appointed attorney who is obligated by law to represent any defendant who cannot afford a private attorney. If all criminal defense lawyers had high personal ethical standards, the Simpsons and Gottis of the world would find it impossible to retain any defense counsel other than those obligated by law to take their cases.
4. Define and briefly explain ethical dilemma. Of the four categories of dilemmas: discretion, duty, honesty and loyalty, which one applies best to the following situations? Explain your rationale. Also, explain how an officer might analyze the…
Psychopathology Criminal Behavior Part
What might be some of the implications for the forensic field of the differences between the "low-fear hypothesis" and the "high-impulsive" subtypes of psychopathy? In other words, how might the differences in the models help inform us about best practices for such activities as police work on the streets, interrogation methods, trial and sentencing practices, providing treatment, or evaluating recidivism risks?
In retrospect, theorists view Lykken's conceptual framework as a first step toward distinguishing between primary and secondary psychopathy (Baskins-Sommers, 2010). As theory building continues in this decade, the typology is supported by the notion of trait-like sensitivities and trait-like cognitive capacities that suggest the following implications for criminal justice procedures. Primary psychopathy is characterized by disinhibition, which is an inability to abort a dominant response, integrate socialization, or adopt alternative objectives. An individual who is considered to have primary psychopathy will fail to consider emotional…
Baskin-Sommers, A.R., Wallace, J.F., MacCoon, D.G., Curtin, J.J., and Newman, J.P. (2010, October 1). Clarifying the Factors that Undermine Behavioral Inhibition System Functioning in Psychopathy. Personal Disorders, 1(4), 203 -- 217. doi: 10.1037/a0018950. PMCID: PMC2992384. NIHMSID: NIHMS211679. Retrieved http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2992384/#!po=74.5614
Baskin-Sommers, A.R., Curtin, J.J. And Newman, J.P. (2013, May). Emotion-modulated startle in psychopathy: clarifying familiar effects. Journal of Abnormal Pychology, 122(2), 458-468. 10.1037/a0030958. Epub 2013 Jan 28. Retrieved http://www.ncbi.nlm.nih.gov/pubmed/23356218
Blonigen, D.M., Hicks, B.M., Krueger, R.F., Patrick, C.J. & Iacono, W.G. (2005, May). Psychopathic personality traits: heritability and genetic overlap with internalizing and externalizing psychopathology. Psychological Medicine, 35(5): 637 -- 648. doi: 10.1017/S0033291704004180. PMCID: PMC2242349. NIHMSID: NIHMS38985. Retreived http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2242349/#__ffn_sectitle
Franklin, K. (2010, May 30). Psychopathy guru blocks critical article. Will case affect credibility of PCL-R test in court? In the News: Forensic psychology, criminology, and psychology-law. Retrieved http://forensicpsychologist.blogspot.com/2010/05/psychopath-guru-blocks-critical-article.html
The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have or posses real compassion that resulted in their being sentenced to death is a consideration in the regard given those sentenced to death. Finally, there should be no lack of certainty that the individual being put to death was the perpetrator of the crime committed.
VI. The ISSUES & the DEATE[S]
The issues and debates surrounding the Fourth, Fifth, Sixth and Eighth Amendments to the U.S. Constitution are becoming more heated with each passing day and while the general public…
Constitution of the United States (nd) U.S. Government Printing Office (GPO) Access: Sixth Amendment Rights of Accused in Criminal Prosecution. Online available at http://www.gpoaccess.gov/
Rasmussen, David W. And Benson, Bruce L. (1994) the Economic Anatomy of a Drug War: Criminal Justice in the Commons. The Independent Review. Vol. 1, No. 2 Fall 1996. The Independent Institute.
Jones, Ben (2008) Sex Offenders May Get Special Tags. USA Today. 23 Oct 2008. Online available at http://www.usatoday.com/printedition/news/20070502/a_licenseplates02.art.htm
Other modern-era lines of Supreme Court decisions regulate all major areas of law enforcement against citizens and provide national standards that require compliance in all
One could argue that certain areas of search and seizure laws still allow police conduct that violates those valuable underlying principles. In particular, the Drayton decision (122 S. Ct. 2105, 2002) rejected the suggestion that ordinary citizens are not likely to believe they are free to decline a police officer's request for consent to a search of their person or belongings without probable cause. In Drayton, the defendants were passengers on a bus when two uniformed police officers boarded the vehicle and initiated conversations with passengers as part of routine drug and weapons interdiction practices.
The defendants consented to a specific request of the officer to search their bags and then their persons and the officer found cocaine concealed in the clothing of…
Bulzomi, M.J. (2006) Police Intervention Short of Arrest.
FBI Law Enforcement Bulletin 17(11), 26-32.
Mills, J.S. (1859) On Liberty.
Indianapolis: The Bobbs-Merrill Company, Inc. (1956)
The panopticon centralizes the space of the observer while simultaneously mystifying the act of observation, such that the threat may be ever-present even if an actual prison guard is not. In the same way, Foucault's conception of the societal panopticon imposes its standards on the individual, who must conform to the standards of society due to a fear of the possibility of discovery and punishment. According to Foucault, "the Panopticon is a privileged place for experiments on men, and for analyzing with complete certainty the transformations that may be obtained from them" (Foucault 204). The space the narrator finds himself in at the beginning of The Unnamable functions in this same way, except that in this case the object of the panopticon's gaze has not undergone the process of subjectification prior to finding itself there.
The narrator simply exists upon the reading of the novel, and is subsequently unable to…
Armstrong, Charles. "Echo: Reading The Unnamable Through Kant and Kristeva." Nordic
Journal of English Studies. 1.1 173-197. Print.
Balinisteanu, Tudor. "Meaning and Significance in Beckett's The Unnamable ." Applied
Semiotics 13. (2003): n. pag. Web. 30 May 2011.
Self-knowledge is a prerequisite for wisdom. For Socrates, self-knowledge or self-understanding is the precursor of the ability to probe the world outside of the self. In fact, Socratic wisdom is wisdom that is manifest and known. The Socratic process of probing and inquiry is designed specifically to eliminate that which cannot be known or that which is irrelevant to the pursuit of wisdom and understanding. The process of Socratic dialogue is coupled with the process of arguing ad absurdum, until the kernel of truth remaining after the inquiry may be recognized as wisdom. Yet before a person can even begin to explore the universe, the person must explore the self. The exploration of self is not a narcissistic inquiry but rather, an inquiry into the nature of human being. It is important to understand the human experience, the human mind, and human patterns of perception and cognition.
Hughes, Bettany. The Hemlock Cup. New York: Vintage, 2012.
Kenny, Philip. "Socratic Knowledge and the Daimanion." Aporia. Vol. 13, No. 1, 2003.
Lowe, Kayla. "The Search for Wisdom: Socrates's Life and Mission." Retrieved online: http://voices.yahoo.com/the-search-wisdom-socratess-life-mission-2910852.html?cat=25
Maxwell, Max. "A Socratic Perspective on the Nature of Human Evil." Retrieved online: http://www.socraticmethod.net/socratic_essay_nature_of_human_evil.htm
decision to search the residence for the fugitive is largely in order as this move would yield the greatest benefit -- particularly if the fugitive is captured. In my reasoning, I am largely relying on the principle of benefit maximization, which as Perez and Moore (2012) observe, advocates for the distribution of good to more people. Failure to apprehend the suspect would result in a higher probability of the continued commission of an offense that impacts negatively on the masses.
As Jones and Carlson (2004, p. 129) points out, "we live in a technological age, and one of the curses or blessings of this age -- depending on one's perspective -- is the video camera." I do not conduct myself as if I am on video at all times. This means that I have not done things that I wouldn't be comfortable doing in the presence of, as you would…
Jones, J.R. & Carlson, D.P. (2004). Reputable Conduct: Ethical Issues in Policing and Corrections (2nd ed.). Saddle River, NJ: Pearson Education, Inc.
Perez, D. & Moore, J. (2012). Police Ethics: A Matter of Ethics (2nd ed.). Clifton Park, NY: Cengage Learning.
DNA Exonerations: John Kogut
The Path To Exoneration: John Kogut
The Path to Conviction
When 16-year-old Teresa Fusco left work at 9:45 PM on November 10, 1984 she became one among several young girls reported missing over the past several years [Centurion Ministries, 2013; Innocence Project, n.d.(a)]. In contrast to her predecessors, however, her body was discovered a month later in a wooded area several blocks from the roller rink where she worked. According to the autopsy, Teresa had been raped and murdered. Semen and sperm were collected from her body and the marks on her neck revealed that she had been strangled with a rope or cord. Also found at the scene were her jewelry and the murder weapon. The coroner's office, however, failed to conduct a blood type analysis on the semen.
The Nassau County police were under tremendous pressure to solve these disappearances, especially Teresa's rape and…
Centurion Ministries (2013). Dennis Halstead, John Kogut, & John Restivo, Long Island, NY. CenturionMinistries.org. Retrieved 6 Oct. 2013 from http://www.centurionministries.org/cases/dennis-halstead-john-kogut-and-john-restivo/.
Drumm, David. (2013, May 11). Why the FBI doesn't record interrogations. JonathanTurley.org [blog]. Retrieved 7 Oct. 2013 from http://jonathanturley.org/2013/05/11/why-the-fbi-doesnt-record-interrogations/ .
Editors. (2013, Jan. 1). America's retreat from the death penalty. New York Times, A18. Retrieved 7 Oct. 2013 from http://www.usatoday.com/story/news/nation/2013/03/15/maryland-death-penalty/1989977/ .
Gootman, Elissa. (2003, Jun. 12). DNA evidence frees 3 men in 1984 murder of L.I. girl. New York Times, B1, B5. Retrieved 7 Oct. 2013 from http://www.nytimes.com/2003/06/12/nyregion/dna-evidence-frees-3-men-in-1984-murder-of-li-girl.html .
Criminal Justice & Criminology
Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights?
CJ327W esearch Methods in Criminal Justice
The Miranda vs. Arizona ruling has attracted notable attention to the treatment of the accused in the hands of the law. Specifically, the ruling affirmed the rights to the accused under the law and to the legal rights of the accused. The research was to reveal the degree of law enforcement lack of enforcing the Miranda rights to the accused. A questionnaire presented to four group types that have a stakeholder interest in the law enforcement and legal rights aspect of the case was distributed to determine the activity relevant to Miranda enforcement process. The findings are expected to reveal abuse within the system and a notable increase in the Miranda violations for the accused.
Purpose & Audience
The Miranda vs.…
Allen, H. (1967). Miranda v. arizona: Is it being applied? Criminal Law Bulletin, 3(3), 135-1441. Retrieved fromhttp://search.proquest.com/docview/55778946?accountid=13044
A, M.N. (1971). The court and local law enforcement: The impact of miranda Sage, Beverly Hills, Calif. Retrieved fromhttp://search.proquest.com/docview/55776023?accountid=13044
Brazier, Alex. "The people on the bus get searched and seized: why police conduct in suspicionless bus sweeps should be circumscribed." George Washington Law Review 78.4 (2010): 908-941. Criminal Justice Collection. Web. 22 Feb. 2011.
H, A.S. (1971). Police authority and the rights of the individual Arc Books. Retrieved fromhttp://search.proquest.com/docview/55779413?accountid=13044
Deception is an integral part of the police arsenal during interrogation. The tactics and techniques of deception have been finely honed, and continue to improve to allow for effective interrogation and information retrieval. Within the framework of judicious police interrogation, the techniques and tactics can be employed effectively, efficiently, and ethically. A few, like the eid Technique, have been criticized for their misuses and for their tendency to create false confessions (McKee, 2014). Other tactics and techniques do deserve to remain part of the overall law enforcement strategy, especially when the tactics and techniques preserve the integrity of the investigation. One of the most commonly used deceptive interrogation tactics is minimization. Minimization is used to engender trust and establish a bond of communication with the suspect. The law enforcement officer basically bluffs throughout the interview, downplaying the severity of the crime itself, feigning sympathy with the suspect's point-of-view, and…
Bell, R. (n.d.). Coerced false confessions during police investigations. Crime Library. Retrieved online: http://www.crimelibrary.com/notorious_murders/not_guilty/coerced_confessions/2.html
McKee, E. (2014). The line between deception and fabrication. Temple Law Review. 14 Nov, 2012. Retrieved online: http://sites.temple.edu/lawreview/2012/11/14/the-use-of-deception-and-other-ethical-implications-in-interrogation-methods/
Redlich, A.D. & Meissner, C. (n.d.). Techniques and controversies in the interrogation of suspects. In Skeem, J.L., K. Douglas & S. Lilienfeld (Eds.) Psychological Science in the Courtroom. Retrieved online: http://digitalcommons.utep.edu/cgi/viewcontent.cgi?article=1036&context=christian_meissner
Rutledge, D. (2007). The lawful use of deception. Police. Jan 1, 2007. Retrieved online: http://www.policemag.com/channel/patrol/articles/2007/01/point-of-law.aspx
The idea of remaining silent when faced with accusation has historical religious and legal roots. Moses teachings', transformed to written form by the ancient Talmudic law had a complete ban on self-incrimination. The self-incrimination law could not be changed because it was viewed to contravene the natural instinct for survival. The ancient common law rule also had it that confusions must be voluntary. When the right to remain silent was included in the Fifth Amendment of the U.S. constitution, it was tied to a complicated and controversial history. The Supreme Court has applied three tenets in the constitution to evolve rules that govern police interrogation and the confession process. These three include the Sixth Amendment on the Right to Counsel, the Fourteenth Amendment clause on due process and the Fifth Amendment on Self-incrimination clauses. Each of these provisions has led the police to handle interrogation and confessions in varying ways…
Irony and Humor in French Literature
Delphine Perret's analysis of irony and humor is apparently well-founded and well-supported by famous literature. Due to obvious differences in the French and English notions of irony, Perret explored irony by returning to its roots. Starting "at square one" with definitions of "irony" from notable dictionaries, Perret then traces irony through historical eras and developments with the aid of such great thinkers as Socrates and Aristotle. Her exhaustive analysis results in clearly defined types of irony/humor, basic elements of the phenomenon and dimensions that are or should be present in that form of writing. The intelligence of Perret's examination is illustrated in two famous French plays of the 19th and 20th Century: "Ubu Roi" and "The ald Soprano." Though written by different playwrights in different centuries, both plays fully support Perret's analysis and findings regarding irony/humor.
a. Perret's Applicable Points
Delphine Perret's "Irony"…
Ashton, Dore. "On Blaise Cendrars...But I Digress." Raritan, 31(2) (Fall 2011): 1-42, 164. Print.
Dittmar, Linda and Joseph Entin. "Jamming the Works: Art, Politics, and Activism." Radical Teacher, 89 (Winter 2010): 3-9, 79-80. Print.
Hrbek, Greg. "The Science of Imaginary Solutions." Salmagundi, 170/171 (Spring 2011): 240-252, 280. Print.
Ionesco, Eugene and Donald M. Allen. The Bald Soprano and Other Plays. New York, NY: Grove Press, Inc., 1958. Print.
False confessions are an unfortunate part of the criminal justice system. False confessions are often extracted in order to gain a quick conviction without careful consideration for the facts of the case. This can lead to major problems for the defendant and the court system as defendants try to convince juries of unethically extracted confessions. While many in the criminal justice system believe, a false confession is a rare occurrence, research suggests it is a far more pervasive problem than imagined.
If one were to look at false confessions via the lens of cognitive dissonance, one can see that certain perceptions may lead one to attempt to maintain a belief regardless of potential evidence going against such a perspective. That can often lead to actions committed to 'catch the culprit' without considering the entire picture from evidence and testimony. The recommendation then consists of raising awareness of false confessions by…
In other words, up until the middle of the 19th century, there were no cases of note or significance that indicated that the executive branch of the UNITED STATES government had the authority to render suspects or criminals to foreign locations outside of the explicit authority granted through a signed treaty with a foreign government.
It was during the Civil War that the first major break with this established legal tradition was made. The incident involved the capture of a foreign citizen in New York City during wartime and performed by presidential authority alone. The man captured was Jose Augustin Arguelles, a Spanish subject, who captured illegal slave traders, claimed a reward, then sold the slaves to plantation owners. Under Spanish law he was a criminal, but the United States had no extradition treaty with Spain. Despite having no legal authority to do so, Lincoln authorized the capture of the…
Elsea, J.K. And Kim, J. (2007, January 23). Undisclosed UNITED STATES detention sites overseas: background and legal issues. CRS Report for Congress. Congressional Research Service. Retrieved November 29, 2007, at http://www.fas.org/sgp/crs/intel/RL33643.pdf
Grey, S. (2005, December 19). Torture's tipping point. New Statesman, pp. 24-25.
Grey, S. (2006, November 20). Missing presumed tortured. New Statesman, pp. 12-15.
Gutierrez, D. (2006, January-February). The extraordinary cruelty of "extraordinary rendition." The Humanist, pp. 11-15.
Chojnacki, D.E., Ciccini, M.D. & White, L.T. (2008). An empirical basis for the admission of expert testimony on false confessions. 40 Ariz. St. L.J. 1 (2008).
When a false confession has been extracted, the defendant on trial has few recourses. One of their recourses is to convince the jury that the confession was unethically extracted, by calling in expert witnesses in the field of psychology. These expert witnesses can show juries how and why false confessions occur, to show that they are relatively common as well as problematic. However, the authors claim that many judges disallow the expert testimony under the assumption that the jurors are familiar with the topic of false confessions. This article is tremendously helpful in my research because it shows not only that false confessions occur due to bad law enforcement procedures, but also that there is a widespread misperception of how pervasive the problem has…
A review of the literature unequivocally reveals false confessions are oftentimes deliberately sought after by overzealous criminal justice interrogators who are much more preoccupied with ascertaining a confession -- and an ensuing conviction -- than they are with ascertaining the truth about a particular crime.
This paper is organized by explaining the concept that false conceptions are deliberately extracted by far too many interrogators for the purposes of a conviction -- regardless if doing so is truthful or not. The author of this document explores this tenet from a variety of differing viewpoints which support it. However, there is a counterpoint to this thesis which is then elucidated. This counterpoint reveals that there are certain circumstances in which law enforcement have taken active measures to determine the truth without the presupposition of guilt or the outcome of a jury trial. Finally, the paper deconstructs those specific circumstances prior to…
Research Question: When do police interrogation techniques lead to false confessions/false witness testimony, and how can false confessions be prevented?
Reference: Forrest, K.D., Wadkins, T.A. & Larson, B.A. (2006). Suspect personality, police interrogations, and false confessions: Maybe it is not just the situation. Personality and Individual Differences 40(3): 621-628.
Annotation: The authors empirically test the hypothesis that there are personality traits that might be associated with false confessions. The authors recognize that prior research has often focused on environmental factors in the police interrogation setting, but that personality and individual difference might also have a bearing on a person’s susceptibility to falsely confessing. For example, the authros claim that prior studies have focused on interrogation length, presentation of false evidence and other manipulative ploys, and the leaking of case details to stimulate a false confession. Prior research on personality traits includes variables like suggestibility and locus of control. This…
Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend certain constitutional issues. In that regard, even the terrorist is entitled to the same protections against self-incrimination and prosecution using illegally-obtained evidence of guilt. However, the legitimate need to protect the public from wide-scale death and destruction may be another matter entirely.
Dershowitz (2002) outlined the principles for designing a "torture warrant" in connection with which authorities may interrogate suspects known to possess information necessary to prevent mass casualties and loss of innocent life in imminent terrorist attacks through means ordinarily strictly prohibited by the Constitution and the laws applicable to all fifty American states. The fundamental distinction is that those efforts would relate to securing information for the purposes of preventing mass…
Dershowitz, a. (2002) Why Terrorism Works.
New Haven: Yale University Press.
Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age.
New York: Little Brown & Co.
The Burger Court held that the prosecution simply needed to establish by a preponderance of the evidence that the evidence illegally obtained would have been lawfully and inevitably discovered. The Burger Court did not think that a police officer would act illegally on the 'off' chance that the evidence might be admissible under the inevitable discovery doctrine, and could not reasonably calculate if the evidence would inevitably be discovered (Hendrie 1997:2).
The Nix v. illiams finding is an important counterweight to the restrictions the exclusionary rule imposes upon law enforcement officials. In contrast to the arren Court, the Burger Court accepted that, although protecting constitutional rights is important, the exclusionary rule is often a "drastic and socially costly remedy" because it often results in obviously guilty people going free, meaning that the cost of releasing illiams back into the world would have been high, while the gain to society of…
Cooke, Michael. (2002). "Review of Nix vs. Williams." Retrieved 26 Jan 2008 at http://wawa.essortment.com/nixwilliamssup_rnjx.htm
Hendrie, Edward. (1997, Sept.). "The inevitable discovery exception to the exclusionary rule." FBI Law Bulletin. Retrieved 26 Jan 2008 at http://findarticles.com/p/articles/mi_m2194/is_9_66/ai_54061501/pg_1
McInnis, Thomas. (2000). The Christian Burial Case. Prager Paperback.
Nix v. Williams." (1984). Great American Court Cases. Vol. 9. Retrieved 26 Jan 2008 at http://law.jrank.org/pages/13046/Nix-v-Williams.html
Finally, torture is the best means to try to get this information from the suspect (McCoy, 2006). Taken as a whole, these circumstances are so unlikely to occur that, even if the ticking bomb scenario would justify the use of torture, it has not ever occurred and, therefore, cannot be used to justify torture.
In fact, what many people who advocate in favor of torture fail to acknowledge is that while torture may be guaranteed to elicit information from even the most reticent of subjects, there is no reason to believe that torture will elicit truthful information. The theory behind torture is that, with the application of sufficient pain and fear, people will talk, and that does appear to be true in the vast majority of cases. However, it is more important to wonder what they will say than whether they will talk. In the non-terrorist scenario, "About 25% of…
Armbruster, B. (2011, October 3). Obama's successful counterterror strategy. Retrieved March 21, 2012 from Think Progress website: http://thinkprogress.org/progress-report/obamas -successful-counterterror-strategy/
Bufacchi, V., & Arrigo, J.M. (2006). Torture, terrorism, and the state: A refutation of the Ticking-Bomb argument. Journal of Applied Philosophy, 23(3), 355-373.
Gathii, J. (2004). Torture, extra-territoriality, terrorism, and international law. Albany Law
Review, 67, 101-138. Retrieved March 19, 2012 from:
evidence, it seems possible that an altercation occurred between the husband and wife and the two of them are 'covering' up this incident. deally, a detective with expertise in domestic violence cases should be in charge of the investigation. Separate officers should interview both the wife and husband before the couple has a chance to 'get their stories straight,' and note any inconsistencies between the two accounts. The other officers involved should attempt to exclude any other possible explanations for the injuries, eliminating the possibility that a so-called burglary did occur. The patrol officer who has established a rapport with the children should clearly be a presence during the interview process, given that children can be notoriously difficult interview subjects and it is helpful to have a comforting figure to support them. nterviewed independently, the children might be more forthcoming than either parent about the details of the husband's assault…
I agree with Jones (2008) and his assessment that police bureaucracies are complex by their very nature. Even if there is an attempt to enact change in a top-down fashion, the multifaceted nature of police organizations means that changes tend to occur in a non-linear format. Also, police organizations are affected by many situational variables and constraints that can inhibit reforms such as the different perspective of officers in the field and managers with less exposure to physical risks. There is also an institutional culture which can be very insular and resistant to change yet which may be necessary to brave some of the stressors of modern policing. Crime itself is a multifactorial problem and as complexity science allows, causal relationships in regards to criminal behaviors are difficult to determine. This is one of the advantages of de-centralized approaches such as community policing, which creates a more atomized and responsive structure for police organizations.
DENISE ARTHUR M4D2
The concept of 'strategic management' is interesting when applied to policing because it takes some of the models previously only relegated to business and applies them to modern-day policing. The police must serve the public like effective business organizations must serve customers. The concept of 'systems thinking' takes into consideration the dynamic social environment in which police organizations must operate, in contrast to the usual static approaches embraced by many government organizations hemmed in by bureaucratic cultures. By decentralizing authority police organizations can be more adaptive.
Human ights Protection and APA Ethics Code
Human rights have been defined as rights that are given to everyone. The protection of these rights should be the priority of every practicing psychologist, because doing this enables the psychologist to help improve his society. In essence, Human rights are basic fundamental ethical and moral principles that set the minimum standards for treating others and/or for behavior (Hudson, 2015).
Governments have to legally enforce these rights and every individual by the fact that he or she is human is entitled to these rights, wherever he or she is lives in the world. Immediately after the end of World War II there emerged a movement that advocated for the adoption of human rights. Not long after, in the year 1953, the APA (American Psychological Association) came up with their own code for Ethical conduct of practitioners in the field (Hudson, 2015). Even though…
A Code of Ethics for Psychology. (n.d.). http://www.sagepub.com/sites/default/files/upm-binaries/49938_ch_1.pdf
Definition: Nuremberg Defense. (n.d.). http://www.adversity.net/Terms_Definitions/TERMS/Nuremberg_Defense.htm
Ethical Principles of Psychologists and code of conduct. (n.d.). http://www.apa.org/ethics/code/
Fisher, C. B. (2012). Decoding the ethics code: A practical guide for psychologists. (3rd ed.). Thousand Oaks, CA: SAGE Publications.
PIA and the British Government's esponse
The war between the Provisional Irish epublican Army (PIA) and the British State from 1969 to 1998 was a complex situation in which various entities pursued similar and dissimilar aims through various channels (political as well as militaristic/terroristic). Even in the midst of the most violent clashes, secret talks were held between leaders of the PIA and the British State, with the political face of epublican beliefs (Sinn Fein) gaining popular support over the years and to some degree undermining the aims, objectives and capacity of the PIA to operate effectively (O'Brien, 1999; Tonge, 2002). The PIA's strategic effectiveness, however, was also complicated by its own inability to overcome specific problematic features of its own organization -- such as the factors of security and territoriality. Likewise, the British State had enacted a program of using informants and infiltrators to undermine the PIA from within.…
Beggan, D. (2009). Understanding Insurgency Violence: A Quantitative Analysis of the Political Violence in Northern Ireland 1969-1999. Studies in Conflict & Terrorism, 32: 705-725.
Bell, J. B. (2008). The Secret Army: The IRA. London: Transaction Publishers.
Bennett, H. (2010). From Direct Rule to Motorman: Adjusting British Military Strategy
for Northern Ireland in 1972. Studies in Conflict and Terrorism, 33: 511-532.
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing the declarant's death to be imminent, made the statement about its cause or circumstances. (804(b)(2).
Application: Here, the defense attorney's objection is premised on the fact that the deceased Sam's statements are I inadmissible as hearsay, as an out-of-court statement by a person unavailable for trial, offered to prove that the other driver was driving on the wrong side of the road. However, Trooper Jones may offer this statement because it falls under the (804(b)(2) hearsay exception, as a statement in a civil case that the declarant made while his death was imminent.
Conclusion: The basis for the defense attorney's objection is hearsay because the deceased Sam's statement is an out-of-court…
Under U.S. v. Butler, the courts can make interpretations as to if a suspect has invoked these rights based upon their reactions to the questions and body language they are using. ("Berghuis v. Thompkins" 2009) ("Berghuis v. Thompkins," 2012) ("Miranda v. Arizona," 1966) (Dempsey, 2010)
In real world situations, this means that the basic rights are continually evolving based upon the questions and answers that are provided to law enforcement. The moment the suspect does not say anything, is the point when implied protections are being utilized. Once they begin answering questions is when they will have revoked these protections. This is because they decided to respond to one question. The fact that they chose to do this, is illustrating that the individual knows what is happening to them and is fully aware of their surroundings. As a result, any kind of information they provide can be used as evidence…
Berghuis v. Thompkins. (2010). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/08-1470.ZS.html
Berghuis v. Thompkins. (2012). Oyez. Retrieved from: http://www.oyez.org/cases/2000-2009/2009/2009_08_1470
Berghuis v. Thompkins. (2009). U.S. Supreme Court. Retrieved from: http://www.supremecourt.gov/opinions/09pdf/08-1470.pdf
Miranda v. Arizona. (1966). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0384_0436_ZS.html
In the United States of American court systems, juvenile courts still proposes juvenile delinquents in aspects that are more paternal other than diagnostic. The adult counterparts cannot access such diagnostic processing as juveniles do. Adults are treated separately unlike juveniles within the jury and the constitutional accordance that assures the difference has been assured to the individuals.
The IV Amendment Search and Seizure Clause
The Fourth Amendment is one of the most prolific archives of constitution litigation in the United States of America. The application to the state through the process of Due Process Clause of the Fourteenth Amendment is unique and comprehensive to the American court systems dealing with juveniles. This amendment is depicted by issuance of connotation that protected individuals from unnecessary seizures and searches while in court proceedings. The amendment has much respect to juveniles and juvenile courts since most juveniles do not have to be apprehended…
Bueren, G.V. (1998). The international law on the rights of the child. Dordrecht [u.a.: Nijhoff.
Detrick, S. (1999). A commentary on the United Nations Convention on the Rights of the Child. The Hague [u.a.: Nijhoff Pub.
Kumar, a. (2006). Human rights and sustainable development. New Delhi: Sarup & Sons.
Siegel, L.J., & Welsh, B. (2012). Juvenile delinquency: Theory, practice, and law. Australia: Wadsworth, Cengage Learning.
The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also argued that this case was easily distinguished from Hamdi (2002) because Newman already had a preexisting relationship with Padilla.
The government also argued that the District Court of the Southern District of New York did not have jurisdiction, since the prisoner was currently housed in Charleston, South Carolina (Padilla ex rel. Newman v. Bush, 2002). The Court rejected this argument in addition to making five other decisions: (1) Secretary of Defense umsfeld was the proper respondent to the habeas petition, (2) the Court had jurisdiction over umsfeld, (3) the President is authorized to designate Padilla an enemy combatant (without judging its merits) and therefore detain him for the duration…
Allen, Scott, Chaffee, Devon, and Hashemian, Farnoosh. (2007). Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality. Physicians for Human Rights and Human Rights First. Retrieved 18 May 2013 from https://s3.amazonaws.com/PHR_Reports/leave-no-marks.pdf
ACLU (American Civil Liberties Union). (2012). Padilla v. Rumsfeld -- Legal Documents. ACLU.org. Retrieved 20 May 2013 from http://www.aclu.org/national-security/padilla-v-rumsfeld-legal-documents .
Beattie, Michael and Stevens, Lisa Y. (2003). An open debate on United States citizens designated as enemy combatants: Where do we go from here? Maryland Law Review, 62, 975-1027.
CCR (Center for Constitutional Rights). (n.d.). Hamdi v. Rumsfeld (Amicus): Synopsis. CCRJustice.org. Retrieved 18 May 2013 from http://ccrjustice.org/ourcases/past-cases/hamdi-v.-rumsfeld-%28amicus%29 .