This really is criminal law 101 ...
How would you know?
This really is criminal law 101 ...
Brilliant post. Anyone who is unclear about how Rafaelle and Amanda got where they are today needs to read this. Can you imagine being questioned in this manner while under the effects of marijuana (Rafaelle and possibly Amanda), in a language of which you are not a native speaker (Amanda), for hour after hour?
So what actual crimes did he commit out of this list? Ones that are not hearsay? He has 2.67 grams of what? 2.67 grams of pot is a dime bag.
Actually what would be the sentence for those crimes? I mean prosecutors can break nearly every rule and only get 18 months suspended sentence.
What would Raf's be, 30 days suspended?
The person who wrote this article said this week he thought Amanda Knox was innocent.
treehorn,
I have never seen Derek Tice described as extremely introverted. He did do some volunteer work in the emergency medical treatment area, IIRC.
My point is that your penchant for descriptive statistics, probability theory and the formulaic precision of scientific inquiry appear to be preventing you from understanding and correctly applying the RD standard to the totality of the evidence.
Indeed, despite evidence that you are a reasonably intelligent fellow, you appear to be struggling mightily with the notion of corroboration.
You're teaching your grandmother how to suck one very limited and specific kind of egg.
Oh? You're an expert on case law concerning the nature of the RD standard and its application to the totality of the evidence?
Do tell.
You've conflated cross-examination by a lawyer with interrogation by a police officer.
I take it, then, that you reject the description of Derek as (inter alia) "shy" in the link provided?
In his PBS interviews, did he not seem rather shy/ sensitive/ meek to you (relative to the example of a 'rogue interrogator' given by the retired NY police officer, that is)?
Anything I've read on 'internalized false confessions' indicated that they occurred primarily in 2 kinds/classes of subjects: 1) the mentally defective; & 2) extreme introverts.
"It used to be thought that people only made false confessions if they were mentally defective or suffering from severe learning disabilities," explains Gudjonsson. "But that's not the case. Most of the vulnerabilities have nothing to do with intelligence. In the cases I looked at, the people were pretty ordinary and their intellectual functioning wasn't of much relevance. Personality characteristics are more significant." (link)
There are now far better safeguards for suspects in police custody - of which the tape-recording of interviews is the most vital...
I think perhaps the information you've been reading is a little outdated:
The same expert notes three vulnerability factors with regard to personality: 1) suggestibility; 2) a high trust in authority; 3) lack of confidence. Amanda certainly meets the criteria for 2) (her handwritten note is proof enough of that), although the other two are more difficult to assess in the context of the interrogation. It might be worth noting, though, that when during her testimony Comodi told her she made a call to her mother at 12 'before anything had happened', she never suspects Comodi is misleading her, but presumes she must indeed have made a call at 12. It doesn't occur to her to doubt what Comodi says.
There are also situational factors related to the interrogation which can make a false confession from the suspect more likely: for example, interrogations late at night, and in a language in which the suspect isn't fluent, both heighten the risk of a false confession. Certain manipulative police tactics can have the same effect with specific regard to coerced-internalized false confessions: for instance, lying to the suspect and telling her you have hard evidence she was at the crime scene, and then giving her a reason why she might not remember being there. According to Amanda's testimony, this is exactly what happened in her case. That she was young, in a foreign country, and distant from the emotional support of friends and family are still more risk factors.
Gudjonsson also notes:
Clearly, a safeguard that wasn't in place for Amanda (if we are to believe the police's scarcely believable claim that they recorded everything but the key interrogation).
All in all, it's a whole lot more complicated than 'only extreme introverts and the mentally defective make false confessions'.
I thought his analogy made a lot of sense, certainly more than your counter argument (which I have yet to see).
All in all, it's a whole lot more complicated than 'only extreme introverts and the mentally defective make false confessions'.
treehorn,
I recollect that he seemed shy, although some time has elapsed since I viewed this program. Being shy connotes something milder than being extremely introverted.
Yesterday Kaosium provided a fascinating link to an article on the subject of confessions and how juries perceive them, in response to one of your questions. I hope that you have had a chance to digest it.
Personally, I think that the whole area of psychological criminal profiling is verging on pseudo-science. But Douglas' FBI experience goes well above and beyond his criminal profiling work, and he has a massive amount of experience of real-life serious crime, including probably hundreds of murders. Of course it's possible that his motivation for adding his opinion isn't entirely altruistic - but I'm more than prepared to give him the benefit of the doubt currently, and believe that he's studied the case carefully and reached a measured conclusion that Knox and Sollecito were unjustly convicted...
...Interestingly, the judicial standard of guilt beyond a reasonable doubt has only been enshrined in Italian law since 2006. Maybe many of the esteemed judges in Italy (who - whether it's explicit or not - clearly control the judicial panels) have sometimes been a little slow in adopting the new standard.......
The question: Was Knox ever considered innocent until proven guilty? Well, as an Italian reporter told me after the 2009 verdict in Perugia, Italy:
"Presumption of innocence is a new thing for us. We don't really get it yet."
http://blog.seattlepi.com/dempsey/archives/233754.asp?from=blog_last3