False+Confessions+2011-4

//__ ** False Confessions ** __// __Definition: __ A false confession can be defined as an admission of guilt in a crime in which the confessor is not responsible for the crime. -In 25% of wrongful convictions overturned with DNA evidence, defendants made false confessions, admissions, or statements to law enforcement officials. Obtaining a confession is one of the most important aims of police interrogation. It is estimated that more than 80% of solved criminal cases are solved by a confession. However, a significant number of confessions that result in wrongful convictions are obtained through coercive questioning. There are psychological and social factors that influence innocent suspects to give self-incriminating false statements during police interrogation.  The process of Interrogation: 1. confronts the suspect with unwavering assertions of guilt. 2.develops ‘themes’ that psychologically justify or excuse the crime. 3.interrupts all efforts at denial and defense. 4.overcomes the suspects factual, moral and emotional objections 5.ensures that the passive suspect does not withdraw. 6.shows sympathy and understanding and urges the suspect to cooperate. 7.offers a face-saving alternative construal of the alleged guilty act. 8.gets the suspect to recount the details of his or her crime. 9.converts the latter statement in to a full written or oral confession. (www.falseconfession.org)

__ The Cause: __  - Suspects intimidated by law enforcers - Compromised reasoning due to exhaustion, stress, hunger, substance abuse, mental limitations - Devious interrogation techniques - Fear that a failure to confess will result in a harsher punishment __Prevention:__ - Record all interrogations in their entirety. Illinois, Maine, Maryland, Missouri, Montana, Nebraska, New Mexico, North Carolina, Oregon, Wisconsin, and Washington D.C., all require recordings of interrogations. - DNA Access Law: Some states allow access to DNA evidence to prisoners who have falsely confessed to prove innocence. Pennsylvania has this law in effect but Massachusetts does not. __Case Example:__  In 1993, Jessie Misskelley Jr. was convicted of being involved with the sex-murders of three Arkansas boys. Misskelley had confessed his guilt. It wasn’t until after the trial had ended that an investigator proved that Misskelley and the two other prime suspects were not guilty of the crimes. The investigator found that the teeth marks imprinted on the victims did not match up with Misskelleys teeth impressions. During the trial Misskelley took a polygraph test that found him innocent, but was also interrogated for five hours. Looking back at the original investigation, before aware of Misskelleys innocence, the investigator stated that Misskelley caved under the pressure of police interrogation methods. Misskelley was later given a new trial, and was found not guilty. THE CASE: Steven Slutzker **The Facts**
 * John Mudd Sr. was killed December 28, 1975
 * He was shot six (6) times with a .32 caliber hand gun
 * Steven Slutzker had an affair with Arlene Mudd (John’s wife)
 * Arlene had talked to Slutzker about hiring someone to kill her husband.
 * Slutzker ended their relationship two days prior to the murder.
 * Woody Mudd (John Mudd Sr.’s brother) wanted his brother dead and had motives of killing him.
 * Slutzker was an electrician and a fuse was disconnected in the Mudd home
 * John Mudd Jr. (John Mudd Sr. and Arlene’s son) was sleeping on the couch at the time of the murder.
 * Slutzker had bought a .32 caliber gun at the beginning of that month.
 * Amy Jo Musslemen (Slutzker’s daughter) said that she saw her father take a gun out of the drawer, leave the house, heard gunshots, and returned home minutes later.
 * Slutzker was at the O’Dea’s home in McKeensport (a few hours away from his own home) on the night of the murder.
 * There was snow on the ground and the only footprints found were Slutzker’s going from his car into the O’Dea’s house.
 * Slutzker was given 1 year in prison with conspiracy associated with Mudd’s murder.
 * 15 years after the murder, John Mudd Jr. claimed to have had a repressed memory flashback where he saw Steven Slutzker killing his father. He, however, could not identify how he was killed, where the body was in the house, or even the layout of the house. The psychologist that he went to was a fraud.
 * This resulted in a life sentence for Steven Slutzker who is still currently imprisoned.
 * No one else was ever investigated or question as a suspect except for Slutzker. Not even Arlene or Woody.

Our Opinion: As a group, we believe that Steven Sultzker is innocent. There are so many inconsistencies within the evidence and within the court cases. There are several things that just do not match up and the fact that neither Mudd's wife or brother were investigated does not make logical sense. Also, John Mudd Jr.'s testimony (which we think is a total fake) should not have had as much of an impact on the outcome of Steven's trial as it did. The boy was only 5 when his father died and was supposedly asleep at the time of the murder. How could he possibly remember back to that time? It was also said that the Mudd family was one to elaborate and fabricate different things. They heard that a case in California used a fake testimony just months before John Jr's testimony. Coincidence? We think NOT.