False Confessions
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False Confessions
A false confession is an admission of guilt for a crime which the individual did not commit. Although such confessions seem counterintuitive, they can be made voluntarily, perhaps to protect a third party, or induced through coercive interrogation techniques. When some degree of coercion is involved, studies have found that subjects with low intelligence or with mental disorders are more likely to make such confessions. Young people are particularly vulnerable to confessing, especially when stressed, tired, or traumatized, and have a significantly higher rate of false confessions than adults. Hundreds of innocent people have been convicted, imprisoned, and sometimes sentenced to death after confessing to crimes they did not commitbut years later, have been exonerated. It was not until several shocking false confession cases were publicized in the late 1980s, combined with the introduction of DNA evidence, that the extent of wrongful convictions began to emergeand how often false co ...
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Culpability
In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word ''culpability'' "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". The guilt principle requires that in order to convict a person it is necessary to ascertain his voluntary or reckless behaviour, Strict Liability being prohibited. Etymology Culpability descends from the Latin concept of fault ('' culpa''), which is also the origin of the phrase, '' mea culpa''. Concept The concept of culpability is intimately tied up with notions of agency, freedom, and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability. In law From a legal perspective, culpability describes the degree of one's ''blameworthiness'' in the commission of a crime or offense. ...
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Innocence Project
Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that works to exonerate the wrongly convicted through DNA testing and other forms of post-conviction relief, as well as advocates for criminal justice reform to prevent future injustice. The group cites various studies estimating that in the United States between 1% and 10% of all prisoners are innocent. The Innocence Project was founded in 1992 by Barry Scheck and Peter Neufeld, who gained national attention in the mid-1990s as part of the " Dream Team" of lawyers who formed part of the defense in the O. J. Simpson murder case. , the Innocence Project has successfully overturn more than 300 convictions through DNA-based exonerations. In 2021, the Innocence Project received the biennial Milton Friedman Prize for Advancing Liberty by Cato Institute, awarded in recognition and gratitude for its work to ensure liberty and justice for all. In March 2022, The Innocence Project won two Webby Awards for its ''Happi ...
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Detective
A detective is an investigator, usually a member of a law enforcement agency. They often collect information to solve crimes by talking to witnesses and informants, collecting physical evidence, or searching records in databases. This leads them to arrest criminals and enable them to be convicted in court. A detective may work for the police or Private investigator, privately. Overview Informally, and primarily in fiction, a detective is a licensed or unlicensed person who solves crimes, including historical crimes, by examining and evaluating clues and personal records in order to uncover the identity and/or whereabouts of criminals. In some Police, police departments, a detective position is obtained by passing a written test after a person completes the requirements for being a police officer. In many other police systems, detectives are college graduates who join directly from civilian life without first serving as uniformed officers. Some argue that detectives do a compl ...
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Police Interrogation Room
The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order as well as the public itself. This commonly includes ensuring the safety, health, and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers encompass arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the Law enforcement agency powers, police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usua ...
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Police And Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (c. 60) (PACE) is an act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995. PACE also sets out responsibilities and powers that can be utilized by non-sworn members of the Police i.e. PCSOs, by members of the public or other government agencies e.g. FSA officers, the armed forces, HMRC officers, et al. PACE established the role of the appropriate adult (AA) in ...
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National Association Of Criminal Defense Lawyers
The National Association of Criminal Defense Lawyers (NACDL) is an American criminal defense organization. Members include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors, judges, and defense counsel in international criminal tribunals, including the International Criminal Tribunal for the former Yugoslavia. NACDL was founded in 1958 and is headquartered in Washington, D.C. The organization has nearly 9,000 direct members and 90 state, local, and international affiliate criminal defense lawyer organizations comprising about 40,000 members. Description The organization has worked to build coalitions of legal organizations in order to provide a forum for important legal issues. Groups involved have included the American Bar Association, American Civil Liberties Union, the Constitution Project, the Federalist Society, The Heritage Foundation, and the Washington Legal Foundation. NACDL often submits ''amicus curiae'', or ...
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Evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what Justification (epistemology), justifies beliefs or what makes it rational to hold a certain wikt:doxastic, doxastic attitude. For example, a perceptual experience of a tree may serve as evidence to justify the belief that there is a tree. In this role, evidence is usually understood as a private mental state. In Phenomenology (philosophy), phenomenology, evidence is limited to intuitive knowledge, often associated with the controversial assumption that it provides indubitable access to truth. In the science, scientific evidence is information gained through the scientific method that confirms or disconfirms Hypothesis#Scientific hypothesis, scientific hypotheses, acting as a neutral arbiter between competing Scientific theory, theories. Mea ...
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Truth
Truth or verity is the Property (philosophy), property of being in accord with fact or reality.Merriam-Webster's Online Dictionarytruth, 2005 In everyday language, it is typically ascribed to things that aim to represent reality or otherwise correspond to it, such as beliefs, propositions, and declarative sentences. True statements are usually held to be the opposite of false statement, false statements. The concept of truth is discussed and debated in various contexts, including philosophy, art, theology, law, and science. Most human activities depend upon the concept, where its nature as a concept is assumed rather than being a subject of discussion, including journalism and everyday life. Some philosophers view the concept of truth as basic, and unable to be explained in any terms that are more easily understood than the concept of truth itself. Most commonly, truth is viewed as the correspondence of language or thought to a mind-independent world. This is called the correspon ...
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Voluntariness
In law and philosophy, voluntariness is a choice being made of a person's free will, as opposed to being made as the result of coercion or duress. Philosophies such as libertarianism and voluntaryism, as well as many legal systems, hold that a contract must be voluntarily agreed to by a party in order to be binding on that party. The social contract rests on the concept of the voluntary consent of the governed. The Federal Rules of Criminal Procedure provide that "Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement)." The actual voluntariness is suspect, in that it is common for prosecutors to threaten to seek more prison time unless the defendant agrees to plead guilty. For this reason, common law Common law (also known as judicial precedent, judge-made law, or case law) is the body ...
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Coercion
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime. Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the opti ...
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Connecticut General Assembly
The Connecticut General Assembly (CGA) is the state legislature of the U.S. state of Connecticut. It is a bicameral body composed of the 151-member House of Representatives and the 36-member Senate. It meets in the state capital, Hartford. There are no term limits for members of either chamber. During even-numbered years, the General Assembly is in session from February to May. In odd-numbered years, when the state budget is completed, session lasts from January to June. The governor has the right to call for a special session after the end of the regular session, while the General Assembly can call for a " veto session" after the close in order to override gubernatorial vetoes. During the first half of session, the House and Senate typically meet on Wednesdays only, though by the end of the session, they meet daily due to increased workload and deadlines. History The three settlements that would become Connecticut (Hartford, Wethersfield, and Windsor) were established i ...
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PEACE Method Of Interrogation
The PEACE method of investigative interviewing is a five stage process in which investigators try to build rapport and allow a criminal suspect to provide their account of events uninterrupted, before presenting the suspect with any evidence of inconsistencies or contradictions. It is used to obtain a full account of events from a suspect rather than just seeking a confession - which is the goal of the Reid technique, in which interrogators are more aggressive, accusatory, and threatening in terms of proposing consequences for the suspect's failure to confess to the crime. The PEACE method, which "encourages more of a dialogue between investigator and suspect" was developed in Britain in response to the realisation that psychologically coercive techniques often led to false confessions. In 2015, the Royal Canadian Mounted Police adopted a new standard influenced by the PEACE model. Sergeant Darren Carr, who trains police with the new approach, described it as "less Kojak and more D ...
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