General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsProposal: A national law to prevent police misconduct, improper arrests & wrongful convictions
Some of this is based on U.K. law and police procedures...
Police and Criminal Evidence Act 1984
https://en.wikipedia.org/wiki/Police_and_Criminal_Evidence_Act_1984
1. Employ Custody Officers who are independent of an investigation whose duty is to judge the legitimacy of police actions. The police present the arrested person to the Custody Officer and explains the circumstances of the arrest, with further detention of the person being authorized if the custody officer approves of the arrest.
2. Require all interviews be videotaped.
3. Require all eyewitnesses to submit a Confidence Score when identifying suspects in a lineup or by drawing or photo.
4. Prohibit police from lying to suspects.
Custody Officer
https://en.wikipedia.org/wiki/Custody_officer
Confidence Score
http://www.sciencemag.org/news/2015/12/eyewitness-testimony-may-only-be-credible-under-these-circumstances
further reference..
A recurring problem in 'Making A Murderer' used to be huge in the UK and the country figured out how to fix it
http://www.businessinsider.com/making-a-murderer-problem-steven-avery-2016-1
TipTok
(2,474 posts)True Earthling
(832 posts)403Forbidden
(166 posts)...so #4 will not be valid.
True Earthling
(832 posts)403Forbidden
(166 posts)nadinbrzezinski
(154,021 posts)because officers should not be able to lie to suspects. The decision was a work around Miranda, and it should stop.
SickOfTheOnePct
(7,290 posts)nadinbrzezinski
(154,021 posts)and then you lie to saith suspect about evidence you really do not have, and get that suspect, out of fear, or ignorance, to give you a false confession. This is especially the case with people who come from low income levels.
It is not me saying this by the way.
Conservatives are starting to talk of this as a problem
http://www.davekopel.org/CJ/OpEds/Miranda.htm
But also liberals
http://library.cqpress.com/cqresearcher/document.php?id=cqresrre2000031700
And then there is this lovely exception that has been entered to Miranda by a SCOTUS decision
http://www.nolo.com/legal-encyclopedia/the-emergency-exception-the-miranda-rule.html
By the by, the ACLU oppose this with good reason, imho.
SickOfTheOnePct
(7,290 posts)and they don't ask for a lawyer before continuing the interrogation, they've screwed themselves. That's on them, not the police.
Lying to a suspect doesn't force that suspect to talk, they do that all on their own.
nadinbrzezinski
(154,021 posts)Lying to somebody to elicit a confession is not a spontaneous statement and might be called tainted evidence, and a good lawyer will keep that out of court.
have you ever talked to people who have been arrested and the kinds of pressures cops put on them? Becuase I have, and this is not Criminal intent, or CSI. Cops need to be rained in. There is quite a bit of misconduct going on.
SickOfTheOnePct
(7,290 posts)didn't have to confess. If they choose to confess after being read their rights, I'm not feeling too sorry for them.
nadinbrzezinski
(154,021 posts)this is not quite officer friendly here.
True Earthling
(832 posts)The only way for a suspect to talk "all on their own" is for the interrogator to not ask questions, not make any suggestions or give out any information, truthful or not to the suspect. In other words..it doesn't happen. Just because a suspect for whatever reason talks to the police without legal representation...that doesn't mean any tactic short of physical intimidation or contact is OK.
SickOfTheOnePct
(7,290 posts)and refuse to answer? No amount of lying can force someone to confess.
nadinbrzezinski
(154,021 posts)with all due respect.
SickOfTheOnePct
(7,290 posts)just agree to disagree on this issue.
nadinbrzezinski
(154,021 posts)a few years back we had a cop who told us a story of a textbook spontaneous statement, Their suspect was so proud of the hidden compartment where the stash of drugs were, that he told them where it was, and how to open it and then dared the officers to find it. That was purely spontaneous and not too bright. Oh the officers were not looking for the stash... in fact they had no idea.
Now if they had told the suspect they found it (never mind they did not) and wanted the suspect to show them how to open it up... that be different.
Some suspects ain't too bright. But that does not give the cops license to bully, threaten and lie. Oh wait, it should not, and the SCOTUS screwed the pooch with that decision. Most of us would be facing perjury charges for some of the stunts cops pull
X_Digger
(18,585 posts)See how that'd work?
True Earthling
(832 posts)from a suspect by lying about non-existent evidence that tied the person to a crime. Most of these suspects have a mental disability or a low IQ.
There should also be a limit on the length of time a suspect could be interviewed at a stretch like an interrogation that goes on for 6 hrs or more where a suspect is lied to repeatedly and repetitiously told they are guilty just to wear them down.... Then telling a suspect things like "just sign this confession and we'll let you go home".. that starts to sound attractive whether your guilty or not.
TipTok
(2,474 posts)... Anyone who signs a confession for an act they didn't commit deserves what they get.
True Earthling
(832 posts)NO INNOCENT PERSON deserves to be convicted regardless if they are mentally handicapped or not...
False Confessions or Admissions
http://www.innocenceproject.org/causes-wrongful-conviction/false-confessions-or-admissions
WHY DO INNOCENT PEOPLE CONFESS?
The reasons that people falsely confess are complex and varied, but what they tend to have in common is a belief that complying with the police by saying that they committed the crime in question will be more beneficial than continuing to maintain their innocence.
The factors that can contribute to a false confession during a police interrogation include:
duress
coercion
intoxication
diminished capacity
mental impairment
ignorance of the law
fear of violence
the actual infliction of harm
the threat of a harsh sentence
misunderstanding the situation
Confessions obtained from juveniles are often unreliable -- children can be easy to manipulate and are not always fully aware of their situation.
People with mental disabilities have often falsely confessed because they are tempted to accommodate and agree with authority figures. Further, many law enforcement interrogators are not given any special training on questioning suspects with mental disabilities. An impaired mental state due to mental illness, drugs or alcohol may also elicit false admissions of guilt.
Mentally capable adults also give false confessions due to a variety of factors like the length of interrogation, exhaustion or a belief that they can be released after confessing and prove their innocence later.
TipTok
(2,474 posts)Actual children and not teens...
True Earthling
(832 posts)or severely depressed and meds are withheld, or the police interrogate someone for 10 straight hrs and promise them nothing will happen or they can go home if they confess... you're ok with that?
What if you're innocent but the police sound so convincing that they have evidence to convict you that you confess to a lesser crime to avoid a harsh punishment. It happens.
True Earthling
(832 posts)The False Confession of Damon Thibodeaux
http://www.innocenceproject.org/causes-wrongful-conviction/false-confessions-or-admissions
Damon said he knew nothing about the murder and agreed to a polygraph test, which police said he failed. After nearly nine hours of interrogation, Damon gave a recorded statement confessing to consensual and non-consensual sex with the victim and then to beating and murdering her. There were numerous inconsistencies between his statement and the facts of the crime, including that there was no evidence of semen in the victim's body and that Damon claimed to have strangled her using a white or gray speaker wire from his car, not the red electrical cord which had been burned off from a cord hanging from a tree near the crime scene. Damon was arrested, charged with rape and murder, and finally allowed to eat and rest, after which he immediately recanted.
Based on his recorded confession, Damon Thibodeaux was sentenced to death and spent 15 years on death row and 16 years in prison before DNA testing proved his innocence. During the exoneration procedings that proved his innocence, an expert in false confessions concluded that the combination of exhaustion from the overnight search and long interrogation, psychological vulnerability and fear of the death penalty led Damon to falsely confess.
yeoman6987
(14,449 posts)If someone says 20 percent? What will happen? If someone says 60 percent what will happen. It actually is hard enough getting convictions in the CSI watching population where juries expect a miracle from the prosecutor to convict.
True Earthling
(832 posts)It will prevent a witness from saying they "think" that a person is the perpetrator then coming back 6 mos later on the stand and saying a person is "absolutely" the perpetrator. Happens all the time. The witnesses first impression should carry the most weight..not what they believe 6 mos or a year later.
hobbit709
(41,694 posts)it would cut it down.
Problem is now that even in egregious cases of police misconduct, they skate.
SickOfTheOnePct
(7,290 posts)No way on 3 & 4
nadinbrzezinski
(154,021 posts)now. In fact it is considered quite unreliable.