The use of brutality and persuasion in interviews by Police.
In this case analysis it will discuss the purpose of interrogatory deception when conducting interviews, ways in which it is used, some of the current debates over the practice, and examples of theories to explain corruption and brutality. The number one priority that should be thought about prior to any form of interrogation & Interviewing is the suspect’s rights and privacy are to be respected.
However in some cases police have failed in investigation and interrogation and in rare circumstances have diverged off protocol, therefore resulting in not having done their job professionally (Inbau, 1961). In this short essay I will provide an example of when this has occurred.
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That practice has been abandoned due to its inhumane and brutal nature and its infringement of individual rights. Police were forced to seek an alternate means of obtaining information without validating a person’s rights. This is now referred to as Interrogatory Deception, it is a psychological form of coercion, which can involve trickery and deceit. It is based on the utilitarian standpoint by police that “the means justifies the outcome”. This type of interrogation is performed in a way “which elicits admissions by deceiving suspects who have waived their right to remain silent” (Skolnick & Leo, 1992).
There are many theories that can be applied to understanding why police would use a form of deception. Here are three major criminological theories to explain why some police use deceitful tactics or inadvertently use them.
The Social Conflict Theory implies that the government agencies function as a tool to be used in the interest for the dominant class, which is usually interpreted as those with privilege, good social status and economic resources (Kwon, 2011). Max Weber also explains further these ideas in his work, coined as “Weberian theory”. This theory can be implied here to suggest government institutions which includes police departments function for the sole purpose to protect the interests of the powerful within society. (Kwon, 2011).
The Symbolic Interactionist Theory attempts to explain why some officers become corrupt and some do not. This
In the Criminal Justice system, the main goal is justice or in other words, a fair consequence to match a criminal action. An obvious, yet unmentioned underlying goal is to prevent injustice. Many times, justice prevails, and this is why our system prevails today. However, when justice fails, it is key to look at the information offered in order to better the system and to repay those that have been failed by it. One area that has shown itself as flawed is the area of interrogations though many other areas will be presented throughout this paper as well. By examining five cases involving questionable interrogation and showing other system flaws, I will enlighten others as to how our justice system handles its flaws, and hopefully I will
Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can
“It is difficult to prove a causal relationship between permissible investigative and interrogatory deception and testimonial deception. Police freely admit to deceiving suspects and defendants. They do not admit to perjury, much less to the rationalization of perjury. There is evidence, however of the acceptability of perjury as a means to the end of conviction. The evidence is limited and fragmentary and is certainly not dispositive” (Skolnick, 1982).
In a democratic country law enforcement officers are expected to undertake their duties with dignity and respect thus following both the rule of law and its procedure. Law enforcement officials whose duty is to enforce the law should abide by the law and should be accountable for both their decisions and consequences of it. But the main issue is – quis custodiet ipsos custodes – who controls the controllers? This critical issue is of importance because the history of policing is littered with scandals in which police officers broke the law and also in which the police organisation failed to detect the deviance (or colluded in it; or tried to deflect investigations by defensive opposition). I will be examining in this article police corruption and its prevention and I shall focus on three main aspects: definitions of corruption; the forms it takes in different societies; ways of preventing
Many of today’s interrogation models being utilized in police investigations have an impact on false confessions. The model that has been in the public eye recently is the social psychological process model of interrogation known as the “The Reid Technique.” There are two alternatives used by the police today to replace the Reid Technique, one is the PEACE Model and the other is Cognitive Interviewing. These methods are not interrogation techniques like Reid but interview processes.
Over the years, the nature of policing has changed and developed drastically. Their role not only entails crime fighting and emergency response, but also social enforcement and social peacekeeping. Bound by a code of ethics, this highly demanding role asks police to remain professional in their dealings with society, and ensure they uphold the law impartially and fairly. When it comes to enforcing the law, it is important to look at the methods and approaches taken by police in order to combat crime, and whether or not they meet current ethical standards. Although this may be the case, it is also important to acknowledge that aspects of police culture such as loyalty, deception and protection of colleagues will ultimately shape the nature of approach to resolving crime, gaining helpful information and protecting fellow officers. Police officers are granted large amounts of discretion within their roles, however, when officers deliberately abuse this amount of discretion and become display misconduct, it becomes challenging to limit discretionary authority of police officers because of the frequent circumstances they encounter where deception may provide highly constructive outcomes. Throughout this essay, methods used by police officers including entrapment, wiretapping and planting of evidence will be assessed for their strengths and weaknesses. Furthermore, the ethical standards of these methods and approaches will be assessed as to whether or not they prove as ethically
Police officers are given a lot of power because it is needed to help protect citizens and the community. However, police often abuse their power by the over use of force, corruption, sexual misconduct, bias based policing, and failure to maintain police ethics. (Peak, 2011)
In this paper, I will be writing about Police Discretion. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. And finally, I will end this paper with my personal opinion as well as a brief conclusion.
Renegotiation of reality occurs when, by virtue of the institutionalized process of police interrogations, the suspect perceives that his initial reality holds no value to the interrogator or to the outcome of the interrogation, when he lacks agency to defend his reality, and when there is no other option. In this paper, I will illustrate how each of these factors facilitates false confessions and will use the Norfolk Four case as my vehicle for exploration and analysis.
When a law enforcement officer or other public employee is accused of potentially criminal conduct, they may face three different kinds of interviews or interrogations. If an officer is interviewed as a criminal suspect, they have the absolute right to decline to answer any questions, or to insist that they have a lawyer of their choosing to attend the interview. The first is type is during a criminal investigation; the second is during a disciplinary investigation and finally during the course of civil litigation where there has been damages. During a criminal interview, there is no professional, ethical or moral duty to participate especially without the assistance of an attorney to represent the officer under investigation. It has come to a surprise that many experienced officers will waive their right to silence and give the investigators an audio recorded statement. Some of the inexperienced criminals do not make incriminating statements. The motive for cooperation is to avoid unfavorable publicity.
When questioning witnesses of a crime, detectives may choose a specific technique; one technique is the Reid Technique. The Reid Technique is a multi-step questioning method that pressures the witnesses or the accused to admit to the crime. It is used in North America. According to Professor Brent Snook, a psychologist at the Memorial University in Newfoundland, the Reid Technique is “Starsky and Hutch”, where two hot head detectives “beat up” their suspects to encourage them confess (http://news.nationalpost.com/2011/11/25/youre-guilty-now-confess-false-admissions-put-polices-favourite-interrogation-tactic-under-scrutiny/). This paper will examine the steps of the Reid Technique, as well as reveal substantial evidence that this technique should be banned. This technique has led to false confessions. Not only does this mean that someone has been punished that isn’t guilty, but it also means the real criminal has not been found and punished. The arguments against the use of this technique are the following:
Police interrogate suspects on a daily basis, but how can they tell if the confession is real? We have all heard, at one time or another of someone confessing to a crime they didn’t commit. Then your next thought is “I would never confess to something I didn’t do”. The only way you can be a 100% sure of that is if you have been through an interrogation before. This paper is going to define “confession” and tell how an innocent person will confesses to a crime they didn’t commit. This paper will also show the history of interrogations.
The issues presented in this case raise question to the admissibility of statements obtained from individuals engaged in custodial police interviews/interrogations and whether they are admissible against them in a criminal court when the individual has not been made aware of his constitutional rights and the statements are not freely provided, but are coerced or a product of harassment or a promise by authorities Likewise, “whether procedures which assure that the individual is accorded his privilege under the fifth Amendment of the constitution not to be compelled to incriminate himself are necessary”
A investigation taken place in 1989 stated that the Suffolk Police Department had many cases in which crucial evidence was faked or destroyed concluding that the self justification of police officers is a example of corruption in our modern day
In today's society the police, play may roles. They are the peacekeepers, law enforcement and many other jobs. However, recently they have become the subject of a very heated and large debate. Many believe that the police should give up their brute type tactics for a more civilized and humanized approach, while others feel that the police should crack down on the most insignificant of offences to type and disparage crimes that are more serious. In this paper, we will be analyzing both sides of this issue, from the look of the police administration to the public's view of it. When we mention today's police force we will be using the New York City police force as are basis of comparison, because they seem to