Wednesday, September 25, 2019

Who Are The Innocents The Psychology Of Confessions Essay

Who Are The Innocents The Psychology Of Confessions - Essay Example A recent article (Kassin 2005) on the psychology of confessions, for example, suggests that video taping should be mandatory, but this proposal will focus on who innocents are, avoiding similar modalities. Therefore we will define innocence as a legal state and, remembering the legal maxim "innocent until proven guilty," innocents as those who are not guilty (Blackstone 1765). An study to measure why innocents confess that we will propose will be empirical, following an experiment closely resembling that carried out by Kassin and Kiechel (Kassin and Kiechel 1996), using participants testimony. The participants will carry out an experiment that contravenes the maxim "innocent until proven guilty" because we can show that the application of psychology to innocence is not relevant if innocent people can think themselves guilty as a result of Kassin and Kiechel's experiment. These psychologists' results are expected to be repeated. Kassin and Kiechel interestingly define features of innocents' false confessions as 'confabulated' and 'internalised' - interesting because these same words are used by memory research into false memory. Kopelman describes the varieties of false memory as "spontaneous confabulation in brain disease, false recognition cases, delusional memories and other delusions in psychosis, "confabulations" in schizophrenia, "internalised" false confessions for crime, apparently false or distorted memories for child abuse, pseudologia fantastica, the acquisition of new identities or "scripts" following fugue or in multiple personality, and momentary confabulation in healthy subjects."1 The academic psychology over confessions is mistaken when it presumes that establishing innocence is the purpose of law. Rather, trials happen because a crime has been committed and the law seeks to establish guilt, to punish the guilty. Psychology does not punish, as shown by Kassin and Gudjonnson, instead it designs confessional experiments. (Kassin and Gudjonnson 2004) Many experiments have inbuilt tricks to deceive, replicating experimenters' expectations, in much the same way that many pupils in the classroom replicate teachers' expectations. (Rosenthal and Jacobson 1968) An example of a study devised by psychologists includes a reaction time experiment. After warning participants not to hit a key that caused the machine to crash, experimenters deliberately crashed the machine, reasoning that participants could be made to confess. In many cases the participants did falsely confess, guiltily participating in the psychologists' study, whilst they believed the experiment was about reaction time. Legal cases abound where innocents have been convicted. In 2005, prosecutors forced a confession from a fourteen year-old boy, who confessed to murder in Illinois. The victim found an intruder in his parked car and was shot in the chest. The boy described to prosecutors how he broke into the car, struggled with the man and then shot him, after two weeks in detention and suggestions that he would go to prison for ten to fifteen years and that he would receive legal help. Moreover, the boy was encouraged to plead self-defence, in spite of the fact that the murderer had broken into the victim's car with a gun, firing it lethally. Another example comes from Escondido, California, where Michael Crowe, 14, confessed to the murder of his sister. He was falsely told by prosecutors that his hair was found in his dead sister's hand, that her blood was in his bedroom and that he failed a polygraph. He came to believe that he had an alter ego and confessed after hours of questioning with neither a

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