A new perspective on the roles of psychopathology, confirmation bias, false confessions, the media and internet (amongst other causes) of unjust accusations. Putting lack of empathy at the fore in terms of police, prosecutors and others, it considers a wide range of other psychopathological aspects of miscarriages of justice. By looking at three high profile cases, those of Amanda Knox and Raffaele Sollecito (Italy), Stefan Kiszko (UK) and Darlie Routier (USA)—the authors show that motive forces are a mind-set in which psychopathy (what they term ‘constitutional negative empathy’) may be present and the need to reinforce existing supposition or lose face plays a large part.
The case of Stefan Kiszko casts a dark shadow over British justice. Totally unconnected to the murder of which he was convicted—that of a young girl Lesley Molseed—he spent 16 years in prison tormented as a sex-offender and suffering from what one expert described as ‘delusions of innocence’. As author Michael O’Connell explains, it was in fact the system by which he was ensnared which was suffering from ‘delusions of guilt’. Kiszko could not have been Lesley’s attacker as subsequently established by DNA and the medical fact that he could not produce sperm. But a false confession written for him by a corrupt police officer set in train proceedings from which he was never to recover, dying only a short time after his eventual release. In this book, Michael O’Connell investigates every small detail of the case with especial reference to the foibles of the lawyers, investigators and scientists involved, all of whom either missed or ignored the signs that should have pointed to an early discharge from a misguided prosecution. The book includes the participation of a prosecutor who went on to become Lord Chief Justice and a leading defence barrister who became Home Secretary before his elevation to the House of Lords. Everyone seems to have become caught up in the momentum originally fuelled by policing methods that are hopefully now long gone. The most detailed treatment available. Contains Kiszko’s original confession and retraction. Explains the points at which the case went wrong. Looks at the motivations of those involved.
This fresh edition of Satish Sekar’s classic work brings events up to date as at 2017 and includes matters that the author was prevented from publishing sooner. Among other things it deals with the collapse of the 2011 trial of police officers and others concerning the original miscarriage of justice in this case and in a new Epilogue calls for a Truth and Justice Commission. The author shows how this extreme miscarriage of justice destroyed families, divided communities and undermined confidence in the criminal justice system. The book takes the reader from the sadistic killing of Lynette White in Cardiff in 1988, via the subsequent investigation and trial to the aftermath of the folding of the 2011 trial over ‘lost’ documents that later materialised. But above all it deals with the hard scientific facts of the first vindication case of the DNA-age.
Killing Justice in the Lone Star State is a reality check on active Death Row cases (and some post-execution ones). The book offers a fresh perspective for campaigners and reformers which ranges across theory, policy and practice. It also explains the much criticised Texas ‘law of parties.’ ‘A must read, an excellent new book by Mike O’Brien... A powerful critique... a critical comparative analysis of USA/UK human rights standards. Packed with cases. A compelling case for abolition.’-- Dr Michael Naughton, Bristol University, Empowering the Innocent Project. Many organizations are engaged in a race to prevent the execution of death sentenced prisoners in Texas (and elsewhere in the USA). Some men and women on Death Row claim to be completely innocent as described in this book. Michael O’Brien — who was himself wrongly convicted of murder — dissects cases with the eye of someone who has spent years watching how miscarriages of justice happen and why. He explains how practitioners and others are in denial and tunnel vision helps to sustain politicians, livelihoods and profits that depend on a conveyor belt from the courts to the execution chamber. He describes a killing process aided by bias, discrimination, prejudice, unfair trials, supposed expert evidence and closed minds. This is just one hallmark of a country obsessed with guns, violence and the ultimate penalty. Texas is the most punitive place within one of the harshest penal systems in the world. But no legal system should take away human lives, especially one tarnished by defects of the kind the author sets out in this book. Extract ‘Can you just imagine being an individual who is innocent but facing execution, whether in Texas or elsewhere? Or you were on Death Row but you did not take part in any killings, just got caught up in the hysteria? Can you picture the pressure and abject loneliness of serving 15 years or more, and then the State setting a date to kill you?’
This is an autobiography with a difference, an unapologetic justification for asking questions, and never being satisfied with unsupported “expert opinion.” The author, now aged seventy-seven, counts himself fortunate to have lived in this time of unprecedented scientific advance. But when wandering into areas outside medicine—for example, the law and archeology—he is less sanguine over what he sees. He treasures the opportunities retirement has offered him and describes his life with an acerbic wit as he takes the reader through his erratic voyages of exploration. These range from fighting psychopathic bosses and WHO guidelines, to searching for China’s missing impact craters, to fighting for justice in obvious travesties in Italy and those that framed Stefan Kiszko in the UK and put Darlie Routier on death row in Texas. He argues that man’s collective psychopathology may have selected by balanced polymorphism for amygdala dysfunction, leading to a state where the most empathy-deficient hold most of the positions of power. The book is lightened by many entertaining anecdotes and illustrations, including sketches by the author, and an appendix of poetry and North Country recitations to which he is addicted.
Fifty years after the Moors Murders and 15 years since Myra Hindley died in prison, after one of the longest sentences served by a woman, this book raises some delicate and searching questions. They include: “Why was Hindley treated differently?”, “Why do we need to create demons?” and “What impact does this have on our whole notion of crime, punishment and justice?” Set against the political backlash of one of the most notorious cases in English criminal history, The Monstering of Myra Hindley is a perceptive, first-hand portrayal of the most talked-about and maligned of women. Nina Wilde invites readers to hold back any adverse preconceptions as she seeks to show how the media selected Hindley as a monster and the politics at play around her de-humanising captivity. She compares how things are done in some other European countries and how the UK itself routinely releases others equally bad (arguably worse) quietly and away from the public gaze. Everyone, the author included, recognises the plight of the victims but this should not be allowed to mask other wrongs that, with hindsight, become increasingly apparent in Hindley’s case. Reviews 'The book has two main arguments. Hindley was treated as she was first because she was a woman and consequently what she did was worse because she was a woman. Second the unfairness she experienced was because the press would not leave her alone and continually brought up the story and the evil nature of her character... I think Wilde is right on both counts... the book is written well and makes the above arguments well. It thus serves as a reminder that tariff decisions on life imprisonment should be decided upon by the judiciary and that they should be carried out without political bias or influence.'-- Prison Service Journal; 'I think she became a national scapegoat for that part of the social mind that is cruel and has contempt for vulnerability'— Dr Gwen Adshead
Over the last several decades over 250 citizens convicted of major felonies were found innocent and were exonerated. Today, thanks to the work of psychologists and other criminal justice researchers, the psychological foundations that underlie conviction of the innocent are becoming clear. There is real hope that these findings can lead to positive reforms, reduce the risk of miscarriages of justice, and avoid the consequences of wrongful convictions to victims and society. In this book, Editor Brian Cutler presents a state-of-the-field review of current psychological research on conviction of the innocent. Chapter authors investigate how the roles played by suspects, investigators, eyewitnesses, and trial witnesses and how pervasive systemic issues contribute to conspire to increase the risk of conviction of the innocent. The chapters skillfully examine psychological perspectives on such topics as police interrogations, confessions, eyewitness identification, trial procedures, juries, and forensic science, as well as broader issues such as racism and tunnel vision within the justice system. This comprehensive volume represents an important milestone for research on miscarriages of justice. By bringing psychological theories and research to bear on this social problem, the authors derive compelling recommendations for future research and practical reform in police and legal procedures.
Forensic Science Errors and Wrongful Convictions: Case Studies and Root Causes provides a rigorous and detailed examination of two key issues: the continuing problem of wrongful convictions and the role of forensic science in these miscarriages of justice. This comprehensive textbook covers the full breadth of the topic. It looks at each type of evidence, historical factors, system issues, organizational factors, and individual examiners. Forensic science errors may arise at any time from crime scene to courtroom. Probative evidence may be overlooked at the scene of a crime, or the chain of custody may be compromised. Police investigators may misuse or ignore forensic evidence. A poorly-trained examiner may not apply the accepted standards of the discipline or may make unsound interpretations that exceed the limits of generally accepted scientific knowledge. In the courtroom, the forensic scientist may testify outside the standards of the discipline or fail to present exculpatory results. Prosecutors may suppress or mischaracterize evidence, and judges may admit testimony that does not conform to rules of evidence. All too often, the accused will not be afforded an adequate defense—especially given the technical complexities of forensic evidence. These issues do not arise in a vacuum; they result from system issues that are discernable and can be ameliorated. Author John Morgan provides a thorough discussion of the policy, practice, and technical aspects of forensic science errors from a root-cause, scientific analysis perspective. Readers will learn to analyze common issues across cases and jurisdictions, perform basic root cause analysis, and develop systemic reforms. The reader is encouraged to assess cases and issues without regard to preconceived views or prejudicial language. As such, the book reinforces the need to obtain a clear understanding of errors to properly develop a set of effective scientific, procedural, and policy reforms to reduce wrongful convictions and improve forensic integrity and reliability. Written in a format and style accessible to a broad audience, Forensic Science Errors and Wrongful Convictions presents a thorough analysis across all of these issues, supported by detailed case studies and a clear understanding of the scientific basis of the forensic disciplines.
