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Editors Rob Warden and Steven Drizin—leaders in the field of wrongful convictions—have gathered articles about some of the most critical accounts of false confessions in the U.S. justice system from more than forty authors, including Sydney H. Schanberg, Christine Ellen Young, Alex Kotlowitz, and John Grisham. Many of the pieces originally appeared in leading magazines and newspapers, including the New York Times, The Nation, the New Yorker, and the Los Angeles Times.
By grouping the cases into categories—including brainwashing, fabrication, mental fragility, police force, and unrequited innocence—the editors demonstrate similarities between cases, thereby refuting the perception that false confessions represent individual tragedies rather than a systemic flaw in the justice system. These incidents are not isolated; they are, in fact, related, and more shocking for it. But the authors of the articles excerpted, adapted, and reprinted in this collection want more for their subjects than outrage; they want to fuel change in the practices and standards that illicit false confessions in the first place. To this end, Warden and Drizin include an illuminating introduction to each category and recommendations for policy changes that would reduce false confessions. They also include a postscript for each case, providing legal updates and additional information.
- Sales Rank: #798541 in Books
- Published on: 2009-06-11
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x 1.80" w x 6.00" l, 1.58 pounds
- Binding: Paperback
- 528 pages
About the Author
Rob Warden is a legal affairs journalist and the executive director of the Center for Wrongful Convictions at the Northwestern university school of law.
Steven A. Drizin is a clinical professor of law and the legal director of the center for Wrongful convictions at the Northwestern university school of law. He is a leading authority on police interrogations and coerced confessions.
Most helpful customer reviews
17 of 17 people found the following review helpful.
A SHOCKING EXPOSE OF POLICE-COERCED FALSE CONFESSIONS
By Donald S. Connery
This book may well be the most devastating indictment of America's criminal justice system--when it behaves at its worst--ever published.
The editors themselves probably did not set out to paint such a searing portrait of clueless, ego-driven and conscience-dead cops, prosecutors, judges and even defense attorneys turning the whole idea of truth and justice on its head. Indeed, their view of law enforcement flying wildly off the tracks seems to echo the first paragraph of the late Sidney Schanberg's account of New York's multi-false-confession Central Park Jogger case:
"Every now and again, we get a look, usually no more than a glimpse, at how the justice system really works. What we see--before the sanitizing curtain is drawn abruptly down--is a process full of human fallibility and error, sometimes noble, more often unfair, rarely evil but frequently unequal, and through it all inevitably influenced by issues of race and class and economic status. In short, it is a lot like other big, unwieldy institutions."
Fair enough (or too kind, because, in my view, evil is often present), but this assembly of true stories of false confessions takes on a life of its own. Collectively, the reality of innocents compelled to declare themselves guilty of horrifying crimes hits the reader with shocking force. You must pause after every chapter to shake your head and ask how such things, not unusual in dictatorships, can happen in America and keep on happening with appalling regularity.
As the author of one of the books excerpted in this volume (the saga of Connecticut's Peter Reilly), and as adviser to Northwestern Law School's Center on Wrongful Convictions, I am hardly a disinterested reader. I insist, however, that I am wearing my hat as a veteran journalist, so I have no hesitation in saying that every person who has been tracking the DNA revolution as it reveals the magnitude of wrongful convictions should should own this book.
The editors, Rob Warden and Steve Drizin, are indisputably two of the nation's most important figures in the drive to reform our deeply flawed justice system. They have made the Center on Wrongful Convictions the powerhouse that it is for freeing the innocent. If I had my way, everyone who believes that false confessions are rare, or tells himself or herself, "No one could ever make me confess to a crime I didn't commit," should be obliged by the usual interrogation-room tools of deception and trickery to agree that this is a must read.
14 of 14 people found the following review helpful.
A must read for people who care about justice
By John Maki
This review was published on Huffington Post: [...]
In most police and courtroom dramas, crimes are solved as soon as a character confesses. However, as a new book edited by Rob Warden and Steve Drizin of the Center on Wrongful Convictions shows, a confession is sometimes only the beginning of the real story.
In True Stories of False Confessions, Warden and Drizin have collected 39 actual cases, written by authors like John Grisham and Alex Kotlowitz, in which people said they were responsible for crimes they did not commit.
Some of these stories are what you might expect. It's not hard to imagine, for example, a person falsely confessing to a crime because police tortured or threatened him or her with death.
Take the case of Chris Ochoa. His interrogators said they were going to charge him with the death penalty if he refused to implicate himself and his friend, Richard Danzinger, in a murder and rape they did not commit. Faced with what felt like an impossible choice, Ochoa confessed and was sentenced with Danzinger to life in prison. Almost 12 years later, the two were exonerated by DNA evidence.
The fact that law enforcement had to threaten Ochoa's life to make him confess likely fits most people's preconceptions of the kinds of circumstances that lead to false confessions. That's probably why courts prohibit and throw out confessions that are obtained by such coercive tactics.
But how do we understand what turns out to be the more common, counter-intuitive scenario -- when police use standard interrogation techniques, but still end up eliciting a false confession?
This is what happened to Beverly Monroe, a single, middle-aged mother of three. In 1992, Monroe discovered her boyfriend's body at his home. He was on his couch with a bullet in his forehead, fired from his revolver that was found beside him. All of the evidence pointed to a suicide, but police investigator Dave Riley was certain that Monroe had shot her boyfriend.
Riley wanted to talk to Monroe. She agreed to cooperate and made the mistake of not immediately requesting a lawyer. Over the course of several interrogations, Riley accused Monroe of being involved in her boyfriend's death. Monroe insisted he was wrong, but the interrogations slowly eroded the confidence she had in her own innocence.
Through a combination of lies and manipulation, Riley convinced Monroe into believing she had played a role in her boyfriend's death, but it was so traumatic that she had erased it from her memory. Ultimately, Monroe signed a statement that affirmed Riley's theory, even though she was miles away from her boyfriend's house when he died. Later Monroe tried to recant her statement, but it didn't matter. The prosecution used her words to convict her of murder. Monroe spent the next 11 years in prison until she was finally exonerated in 2003.
When Senior U.S. District Court Judge Richard L. Williams reviewed Monroe's case and threw out her conviction, he called the police interviews "deceitful and manipulative" -- but as readers of True Stories of False Confessions will find, these are common interrogation techniques used by law enforcement agents across the country.
Through the stories they have compiled, Warden and Drizin show that our criminal justice interrogation system is broken.
At the end of their book, Warden and Drizin include a series of specific reforms that they believe will help prevent false confessions, including electronically recording all interrogations, particularly of juvenile suspects and witnesses who are more likely to give false confessions than adults.
But just as important as any particular policy reform is the need to change the mindset of ordinary citizens, who may be selected as jury members to decide the next false confession case.
Despite what we see on television or even what our intuition may tell us, "a confession is just a piece of evidence like any other evidence," said Drizin in a recent interview. "It's only as valuable as the other evidence that corroborates it. View it with suspicion. That's what we hope to happen here. Because the system breaks down when there's a confession, and it shouldn't."
3 of 3 people found the following review helpful.
Why false confessions occur -- more than we had realized
By Paul Froehlich
It's hard to imagine any greater injustice than an innocent person spending decades rotting away in prison for a crime someone else committed. The only thing worse would be the nightmare of execution for another person's crime.
Americans today are more familiar than they used to be with wrongful convictions. Thanks to DNA testing of old evidence and Innocence Projects, including the one at Northwestern University that editor Rob Warden works for, hundreds of innocent inmates have been exonerated and released in the last two decades. That fact has informed many Americans that our criminal justice system is less accurate than we had assumed. Every time someone else is exonerated after decades in prison, it also reveals the urgent need to adopt more reliable and accurate procedures to prevent miscarriages of justice.
The false confession is one of the most common types of error leading to wrongful conviction, involved in more than 60 percent of wrongful murder convictions in Illinois. False confessions often lead to wrongful convictions -- even in the absence of physical evidence -- because jurors find confessions uniquely persuasive. They can't imagine any innocent person confessing unless tortured. That misapprehension will disappear for anyone who reads this book.
Rob Warden and Steve Drizin have collected articles on several dozen cases of wrongful conviction based on false confessions. Some of the cases are notorious, such as the Central Park Five, while others were fairly obscure. But all share the common error of a confession that isn't true. The editors help readers understand the counterintuitive phenomenon of the false confession by dividing the cases into several categories.
BRAINWASHING is one category. These are cases where interrogators deceitfully persuaded suspects that they simply must have committed the crime. Police are permitted to lie, telling suspects the evidence points to them - even when it doesn't -- and it would be better for them to confess. The interrogator may suggest the subject blacked out during the crime since he's too good a person to consciously do the deed. If the suspect finally concedes the possibility of a blackout, cops see that as a confession.
DESPERATION is a second category. These are cases where exhausted suspects undergoing relentless interrogation are told they can go home as soon as they say it was an accident or self-defense or some other confession. People from the Chicago area may remember the Will County case of Kevin Fox who was charged in 2004 with the murder of his three-year old daughter, Riley. The main evidence was his confession.
Fox had confessed after 14.5 hours of interrogation. He took a polygraph test, but police told him he failed. He says police told him his wife thought he was guilty, and that other witnesses had identified him - both untrue. One detective proposed the accident scenario. Fox says police suggested if he had killed his daughter accidentally, and then panicked, he could get off with manslaughter. Otherwise he could face the death penalty. So he agreed to the accident-cover-up confession that was dictated for him by detectives. Of course he was charged with murder one, not manslaughter, and Fox immediately recanted.
Before he came to trial, however, charges were dropped. After the old state's attorney had been defeated, Fox's attorney was able to get a DNA test of evidence at a private lab. The DNA excluded Fox as the molester. Eventually the DNA led to an imprisoned sex offender who was convicted and sentenced to life. Fox sued the county sheriff and collected $8 million for violations of his civil rights.
CHILD ABUSE is another category. Youngsters are more susceptible than adults to pressure to please authorities. The Central Park Five qualify, since four of the five were under age 16 when they confessed to raping and attempted murder of the Central Park jogger in 1989. The fact that the DNA found in the victim did not match any of the accused rapists didn't faze either the prosecutor or jury. All five were ultimately exonerated, and the real rapist confessed, though not until after four of them had already finished their sentences, and the death penalty had been brought back to New York.
A notorious Chicago case involved an 11-yr old girl, Ryan Harris, who was molested and murdered in 1998. Detectives charged two boys - ages seven and eight - with the crime based on their confessions, which occurred when their parents weren't present. Police claimed the children told of details that could "only be known" by the perpetrators, and that physical evidence corroborated the statements. A month later, when the crime lab found semen on the panties, the Cook County SAO dropped all charges against the boys. DNA came back to an adult who was convicted of the murder. The boys sued the city, which settled for a total of $8.2 million.
MENTAL FRAGILITY is another category. These cases involve suspects of below-normal intelligence or suffering from mental illness who are especially susceptible to suggestion and manipulation. Consequently, statements they make under stress are unreliable. Eliciting such confessions "can be called easy as pie -- or good enough for government work."
The Nicarico murder was one of the most high-profile cases in the Chicago area. It ran from 1983, when the murder occurred, until 2010 when the real killer, Brian Dugan, was convicted. In the interim authorities charged three other men with the murder, and two were twice convicted. A long article in the book goes into the sordid details that left a lasting blot on law enforcement reputations in DuPage County.
"Doubt is not the enemy of justice; overconfidence is," write psychologists Carol Tavris & Elliot Aronson in their book, Mistakes Were Made (But Not By Me). They explain that our criminal justice system consists of people who reduce their cognitive dissonance by denying there is a problem. It would conflict with their self-image if cops, prosecutors and judges admitted how fallible the system is. Instead they embrace greater certainty than science justifies such as insisting, "An innocent person would never confess."
Progress has been slow in reforming the criminal justice system to make it more accurate. To put it mildly, prosecutors and police have been much less likely to admit errors and correct them in light of compelling new evidence than to stubbornly defend their initial decisions, sometimes for decades. But there are some promising signs of improvement. We'd make quicker progress if this book were required reading for all detectives, prosecutors and judges. ###
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