Problem of Erroneous Convictions - Assignment Example

16. Discuss the problem of erroneous convictions. How does this happen, and what can be done to prevent it from happening? Because of erroneous convictions, many honest and law-abiding citizens have been charged and convicted for crimes they have not committed. This has presented a moral dilemma for capital punishment and even life imprisonment. Although many prisoners’ claims of innocence are not exactly true, some of them are. And this minority, those that have been erroneously convicted, has been denied justice. The presence and high rate of wrongful convictions in some states have become a dent in the supposedly infallible justice system. Erroneous convictions happen because of technical ineptitude in the fingerprinting or DNA laboratory for example, perjured testimony, eyewitness misidentification, and also because of overzealous law enforcement officers who are eager to close the case and mete out justice. A courtroom is a place wherein many evidence are presented that are at best circumstantial and are then judged by ordinary people if it works for or against the defendant—a room wherein people not experts at lie detection weigh witness testimonies. Thus, wrongful convictions are not unexpected as the justice system is composed of imperfect human beings. Some states wherein there is a high rate of erroneous convictions have already enacted bills to address this problem. Because the United States rely on juries to ultimately decide on a person’s guilt, I believe that there should be a seminar or lecture regarding lie detection in order to minimize wrongful convictions. The jurors should be fully aware of what their decision could mean and what the evidences signify. In this way, they can create a more educated verdict. They are better equipped to intelligently weigh the evidences and testimonies that are presented during the trial. 17. Define the polygraph procedure, and discuss its advantages and disadvantages as a system for lie detection. The polygraph relies on the physiological changes in the body, like pulse and blood pressure, to detect deception. It starts with a series of control questions to set the tone like “What is your name?” This is then followed by an explanation of what the polygraph is and what it does. Next comes the “stim test” wherein the person attached to the polygraph will be asked to lie so that the tester can see if the machine has picked up on this lie and is working properly. Then the test itself ensues. The questions alternate between some that are irrelevant, some control questions, and those that are relevant to the case. If the tester is not satisfied with the results, there is a post-test interview that is conducted. The polygraph has been known as the lie detector test that some highly skilled law enforcement operatives and spies have learned to master. In effect, with the right knowledge of what to control and the ability to manipulate and regulate your body’s reactions, anyone can triumphantly pass a polygraph test. It is not a faultless system and this is where the main disadvantage lies—the polygraph can be fooled. Because of this, its rate of accuracy has been the subject of heated debate. Also, there is the fact that the polygraph test can reach a result that is inconclusive. When this happens, the polygraph has not helped at all and has, in fact, just made the case more difficult. However, because the polygraph has evolved throughout the years and has become computerized, its reliability and accuracy rates have become more stable and consistent. If this continues and the machine is perfected, the polygraph can become a solid tool that can be used at court proceedings and trials. Like DNA evidence, this can be used to nail down suspects of difficult and high profile cases. 18. Have you ever been on a jury panel? If so, describe the situation briefly. How did you feel about the process of deliberation? Were the facts of the case given full consideration by the jurors? No, I have not been on a jury panel. But I was once called in for jury duty. Unfortunately, I was not chosen. The only thing I can comment on is that the lawyers seem to be running the show. I was amazed at how competent they were. They knew what they needed and they set out to get it. It was rather fast in that they were spewing off names and if they want them in the jury or not and if the other side agrees to this. They really knew what they were doing and came prepared for battle. To answer the third question, since I have not been a juror, I would have to say that based on what I have watched and the books I have read, that some jurors tend to be careless because they just want the trial over so they can go home. Some take the responsibility very seriously, as it should be. Others just cannot decide and so they just go along with whatever the majority has decided. Still, there are some that stands up for what they believe is right even though they are all alone. This said, I believe that the consideration given by jurors to the facts of the case depend on the personality of each juror. 19. Some of the behaviors used by police officers to gauge the truthfulness of witnesses during questioning have been shown to be unrelated to accuracy in lie detection. Women have been shown to be less accurate than men in detecting lies. Explain these two findings, using what you have learned in the Aronson chapter, and the “True Lies” experiment. Inbau’s Manual, used by police officers as a guidebook for lie detection, and other police handbooks regarding lie detection, have been proven to teach the incorrect cues. For instance, gaze aversion is one thing that is most common to all of these manuals. They say that when a witness or a suspect averts his or her gaze from the officer when answering a question that what that person is going to answer is going to be a lie. Another example is the mannerisms of the person being questioned. If he or she fidgets too much or his or her posture changes a lot then that person is lying. These supposed lie detectors ingrained in the police system as they have been incorporated in almost all of the manuals have actually been found to be unrelated to accuracy in lie detection. Official deception research has shown that gaze aversion and these mannerisms do not make a good category for deception. The police officers are actually following a manual that has been scientifically proven to be inefficient and incorrect. Also, the study showed that police officers tend to have a gender bias in that female suspects or witnesses are deemed to be more trustworthy and harmless. This is why some of the behaviors used by police officers to gauge the truthfulness of witnesses during questioning have been shown to be unrelated to accuracy in lie detection. The “True Lies” Experiment also showed that women tend to have a lower accuracy rate in detecting truth and lies. The answer to this is simple: the female officers tended to give more value to Inbau cues and, therefore, they were more prone to imprecision as they abide by a manual that is incorrect. Read More