Wednesday, July 17, 2019
Juvenile and False Confession
I have hear the constabulary repeat the Miranda obligation condemnation and again in television movies involving natural law and crime suspect. Prior to my MS in forensic psychological science program in Walden University, I had not the slightest idea that the row embedded in Miranda chastens are in truth jural right, I thought they were untainted lines use in movie performing and I never envis get along withd its importance even verboten Police in Nigerian movies recites this right to crime suspects even though the Nigerian constitution is silence about such right.Historically, Miranda right was a landmark stopping point of the United States Supreme Court which passed 5-4 in 1966 in the faithfulnesssuit Miranda v. Arizona, 384 U. S. 436. Miranda rights gives suspects the right to die hard silent when arrested, the knowledge that any arguing made can be used against them in a Court of law and an mind they have the right to an attorney and they reserve the right to s pare this right and succumb to interrogation by the healthy philosophy. look abound that addresses the inability of juveniles in in full comprehending the implication of waiving Mirada rights.Ferguson, Jimenez & Jackson (2010) conducted literature look into of relevant look for studies and lawsuits to establish the concomitant that juveniles are not properly telephone numberual to make informed decisions when it comes to upholding their right to endure silence in the wake of law of nature arrest and their competence to stand trial. Studies has corroborate the fact that age an IQ aim of juveniles is related to juveniles ability to comprehend Mirada rights (Goldstein, Condie, Kalbeitzer, Osman, & Geier, 2003).Grisso (1997) to a fault noted that juveniles limited understanding of legal terminologies leads to increased risk of waiving their Miranda rights. Ferguson, Jimenez and Jackson bring forward reviewed articles on cognitive and psychological abilities in juvenile citi ng the MacArthur Foundation Research intercommunicate on Adolescent Development and insipid Justice. The lay downations canvass indicated that adolescents and giving differed significantly in psychosocial abilities.The most in-chief(postnominal) result of this research work which symbolized a compilation of findings from literature reviewed on efficacy to stand trial and vulnerability to saturnine confession which is of immense value to the police reach is the finding by Kassin and Norwick (2004) which indicated that candid individuals were more than likely to waive their Miranda rights than disgraced individuals because of their faith in the legal system. another(prenominal) important finding was gotten from the review ofViljoen, Klaver and Roesch (2005) train which revealed that suspects aged amidst 11 to 17 years, older ones remained silent while junior ones were more likely to confess. This was in amenable with Redlich and Goodman (2003) who assessed rancid conf ession between 3 age groups 12 to 13, 15 to 16 and 18 to 26. the 12 to 1 age group were more flat to fictitious confession. Older juveniles were however more prone to false confession when presented with evidence. Overall, the research found juveniles between the age of 12 and 16 were practically vulnerable to false confessions.The unlike results reported is of immense value in police settings. The police using the results of this research must pay particular concern to defendants who refuse to waive their Miranda rights because as Kassin And Norwick (2004) study has revealed, innocent defendants are quick to waive their Miranda rights. However, care must be taken by police to find out the waiving of rights by defendants is due to psychological immatureness on banknote of age of the defendant (Goldstein et al. , 2003) or is due to the defendants lack of understanding of legal terminologies (Grisso, 1997).The results of this research also revealed that juveniles between the a ge of 16 to 18 may give false confession when presented with evidence. The police must explore other shipway of interrogating juveniles to obtain reliable and correct teaching other than presenting false evidence which influences juveniles negatively thereby leading them to make false confession. Knowledge gleaned from Eckhardt, Norland, and Bradley(2004) study is that sometimes, offenders maladaptive deportment is specific to the individual characteristic of the perpetrator.Forensic psychology professionals working in police setting must understand juveniles on account of their age lacks the capacity to understand legal terminologies which may be one of the reasons they more readily waive their Miranda rights (Grisso, 1997). Forensic psychological science Professionals in police settings must and so work with juveniles with the understanding that their stage of psychosocial using is below that of the adults. REFERENCES Eckhardt, C. , & Norlander, B. (2004). Anger Hostility a nd manlike Perpetrators of In- Timate Partner Violence A Meta-Analytic Review. clinical Psychology Rev- Iew 25, 119-152Ferguson, A. C. , Jimenez, M. M. & Jackson, R. L. (2010) Juvenile False Confessio- ns and ability to Stand Trial Implication for polity Reformation and Research. The New School Psychology, 7 (1) Goldstein, N. E. , Condie, L. O. , Kalbeitzer, R. , Osman, D. & Geier, J. L. (2003). Juvenile Offenders Miranda Rights Comprehension and Self-Reported Likelihood of pass False Confession. Assessment 10 (4) 359-369. Grisso, T. (1997). The competency of Adolescents as trial defendants. Psycholo- Gy Public constitution and legal philosophy, 3 (1) 3-32. retrieved from http//www. apa. org/ Pubs/journals/law/ Kassin, S. M. & Norwick, R. J. (2004).Why People abandon ther Miranda Rights The Power of Innocence. Law and Human behavior, 28 (2), 211-221. Ret- Rieved from http//www. springer. com/psychology/law+&+psychology/ journal/10979 Redlich, A. D & Goodman, G. S. (2003). Tak ing Responsibility for an act not Committed The Influence of period and Suggestibility. Law and human Beh- Avior, 27 (2),141-156 inside 10. 1023/A1022543012851 Viljeon, J. L. & Roesch, R. (2005). Competence to Waive interrogative Interroga- Tion Rights and Adjudicative Competence in Adolescents Defendants Co- possessive Development , Attorney Contact, and Psychological Symptoms. Law and Human Behavior, 29(6)723-743
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.