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FORENSIC PSYCHOLOGY
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MEDIA REPRESENTATION: FALSE CONFESSIONS
Mediums of popular culture are excellent teaching tools to highlight and make visible (potential) miscarriages of justice and wrongful convictions, in addition to their possible causes. There have been a number of commercial and documentary films that exhibit narratives concerning wrongful convictions (e.g. In The Name of The Father) and the use of questionable police techniques such as “Mr. Big” sting operations (Mr. Big: A Documentary).
Film and television shows are useful tools for depicting legal events. However, as Ogletree and Sarat (2015) posit, they “are not just mirrors in which we see legal and social realities reflected in some more or less distorted way.” Rather, they argue such visual mediums “project alternative realities that are made different by their invention and by the editing and framing on which the moving image depends.”
TRIGGER WARNING: mentions of murder and rape, please read at your own discretion.
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LAW AND ORDER: SPECIAL VICTIMS UNIT S17E09
An episode of Law and Order: Special Victims Unit (SVU) entitled the "Depravity Standard" (Season 17, Episode 9) illustrates this and other associated problems (presently available on Netflix). The episode, in particular, features the attempted prosecution of Lewis Hodda for the kidnapping of two children, one of whom he supposedly murdered. In pursuing the accused with respect to the murdered child, there is no direct evidence.
The main evidence to be used is a confession procured by Lieutenant Olivia Benson. As the episode unfolds, we learn that Olivia uses lies and veiled threats to get the accused to incriminate himself. Despite the presence of such techniques, Olivia seeks to insistently project the notion that the confession is inherently voluntary and provides a legitimate basis upon which to convict.
Rafael Barba asks Olivia if she was present during the confession. Olivia states that the confession was voluntary and Hodda had been informed of his rights. Barba later inquires from Olivia whether any coercion, physical violence or threats were used. Olivia states, unequivocally: "Absolutely not."
Though we hear Olivia’s voice, the image in the video-recording focuses solely on Hodda and it is a close-up. This is not insignificant. The case ends in a mistrial and thus no conviction is secured based on the confession offered.
Apart from the above mentioned episode, several other television shows and movies have covered the representation of false confessions.
"Justice Denied"- Law & Order: Special Victims Unit (S13, Ep17)
How To Get Away With Murder (Season 3 episode 11)
How To Get Away With Murder (S3 Episode 1)
Elementary (S6 Ep 21)
Good fight (S1 Ep 2)
Veer Zara
Unbelievable
When they see us
Criminal UK (ep 2)
Karen Boes- Confession Tapes (S1, Ep4)
Find some recommendations!