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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. 

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In 2004, Omar Pena, a seaman in the US Navy, had just broken down in tears after a grueling nine hours in the interrogation room. Benson was finally able to get Omar to confess to the brutal rape of Ariel Baskins, who was tied up, gagged with a scarf, cut up, and got ammonia poured into her eyes, leaving scarring around them from chemical burns. Omar has been claiming his innocence ever since then, saying that his confession was made under extreme duress.

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Annalise was falsely accused on the murder of Wes Gibbins, her student and was sent to jail on account of been framed for it. To protect her, Frank decided to confess for the murder of Wes, and presented certain evidence such as CCTV footage of their meetup in the hope of Annalise getting an acquital. This is an example of a voluntary confession made in order to protect someone close to you. 

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Karim Assaf falsely confesses to a crime his daughter committed. Karim is faced with additional legal trouble as he is at risk of being deported back to Iraq. He is appointed to Annalise Keating's legal clinic where her students took on his case. Laurel in particular managed to get him to tell the truth about his daughter being the real owner of the marijuana. Outside court, Karim's daughter, Faiza Assaf begs him to allow her to confess but he refuses as it would result in her deportation. 

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Michael the Vaguely Creepy Serial Killer, was beaten to death. All the evidence such as his footprints and not having a reliable alibi pointed towards Watson as the means for her taking the revenge from him.  In reality, Hannah, the police officer's daughter, killed Michael. Joan didn’t want Sherlock to reveal this to the police as Hannah was their friend’s daughter. Afraid of the fact that Watson might be imprisoned, Sherlock signed a false confession stating that he killed Michael and also procured the murder weapon in order for the police to believe him. However, he wasn’t arrested since he was able to strike up some sort of deal with the MI6 ,an organization stating that if he ever steps foot in the US again, he’ll be arrested. 

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Maia, a lawyer meets Frank, an employee at a shoe store whose wages are being garnished because he was coerced into confessing to stealing shoes and was threatened that he would be fired if he doesn’t confess to the theft. The reason for false confession was attributed to the police following Reid method and imprisoning Frank for 7 hours straight, without any evidence.

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Veer had been wrongfully arrested on charges that he is an Indian spy in Pakistan. While Veer in reality was an Indian air force officer who had traveled to Pakistan to meet his lady love Zaara. During interrogation when Veer is questioned about the purpose of his visit, he voluntarily hides the information that he came to meet Zaara, since she is about to be married to another man and if he reveals about their affair, it would bring disgrace on Zara and her family. This brought Veer to falsely confess and sign the document admitting his guilt.

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In Lynnwood, Washington in August 2008, Marie Adler, a former foster child now taking part in a social services program for troubled teens, reports to a uniformed police officer that she has been raped and he asks her multiple questions while he takes her report. Detectives Parker and Pruitt arrive to investigate and make her retell her story multiple times. She is then taken to the hospital where she submits to a physical examination and evidence collection, and is again compelled to retell her story. The police collect evidence from Marie’s apartment, but do not recover much. Judith Marie’s former foster mother, tells Parker that Marie has engaged in "attention seeking" behavior in the past and wonders whether the rape allegation might be a similar act. Parker and Pruitt decide that Marie's report is untrue and pressure her into retracting, questioning the entire ordeal and making her believe that it was probably a dream and she lied to seek attention. Marie after the intense interrogations finally started questioning her own truth and had lost her faith over her own narrative, thereby falsely confessing to cooking the story up herself. 

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When They See Us was inspired by and tells the story of the Central Park jogger case from 1989. The case involved Trisha Meili, a 28-year-old investment banker who was raped and assaulted as she went for a jog in Central Park, Manhattan on the night of 19 April 1989. She was almost beaten to death and was left in a coma for 12 days. That night, five young men – four African American and one Hispanic – were arrested in connection with a string of attacks in the area committed by around 30 teenagers. In the precinct, the five teenage boys were interrogated which went on for hours and hours, wherein the boys were threatened and coerced into confessing to the rape and assault of Trisha, as well as implicating each other's guilt in the crime. By the end of their lengthy interrogations, four of the five boys had signed written confessions. 

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Stacey during interrogation tells the officers that she was the one who spiked Roderick’s drink of her sister’s husband. However, Hobbs and Warren, the interrogating officers, are convinced there’s more to her story than initially meets the eye, and agree to continue the interviews for round two. After intense interrogation, it is revealed that it was her sister Mary who actually spiked the drink of her own husband Roderick as she was tired of being a victim of his drinking and abuse. Stacey decided to take the blame for the crime given what Mary’s been through.

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Kelly Loudenberg's new series for Netflix, The Confession Tapes, presents a stimulating look into failures of the American criminal justice system, failures of forensic science, and failures of memory.

Karen Boes was convicted of first-degree murder, for allegedly burning her daughter to death in the family home while her daughter slept.  Polygraph test was misused to establish guilt. There was questionable analysis of burn marks. Boes was bombarded with leading and suggestive interview techniques that are known to facilitate the creation of false memories.

   "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!

© 2021 GROUP C, PSYCHOLOGY

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