False and Coerced Confessions; Making a Murderer
False and
Coerced Confessions
FRIDAY, 2/12/16
MOUNT PLEASANT, MI
Since
the five-star crime documentary series (based on a true story) was released by
Netflix in December 2015, "Making a Murderer" has sparked much
discussion and controversy. The series centers around Steven Avery, a man who
was once exonerated and later again convicted of yet another crime
he claims he did not commit. In Avery's trial, a key piece of
evidence presented was a confession given to police made by Avery's nephew,
Brendan Dassey. In his confession, which Dassey later recanted, he told police
that he and Avery raped and murdered Teresa Halbach together and subsequently
disposed of her body. As a result of Dassey's confession, he was convicted at
the age of 16.
For
those who have watched the documentary series, one of the biggest speculations
is whether or not Brendan Dassey's confession was false and whether or not it
was coerced. According to the Innocence Project, 25 percent of people who have
been exonerated of a crime through DNA evidence were convicted as the result of
a false confession or self-incriminating statement. Additionally, in forensic
psychologist Julia Shaw's research, 70 percent of those who participated ended
up confessing to various criminal offenses they had never committed.
Why
would a person confess to something they didn't do? There are many reasons,
actually. An individual may be trying to cover for someone else or
gain personal notoriety. They may be trying to escape police questioning.
Perhaps a person who falsely confesses is subjected to harsh interrogation
tactics by police. In the case of Brendan Dassey, his attorneys argued that
Dassey confessed due to a combination of his low IQ and a desire to be
compliant with police.
It
may have helped Brendan to know and understand his rights in regard to police
questioning. But what are those rights exactly?
A
person who is detained by police has the right to immediately request an
attorney and does not have to answer any questions until the attorney is
present. This is the single best way to be protected in a police questioning
situation, especially if a person feels they may be considered a suspect. If
Brendan Dassey had invoked his right to have an attorney present during police
interrogation, he might not be incarcerated at this very moment.
Tyler Webb
Editor-In-Chief
Levitt Law Firm, Senior Law Clerk
SOURCES
Lewis,
Tanya. "Here's How False Confessions - like the One Brendan Dassey
Allegedly Gave on 'Making a Murder' - Happen." Business Insider.
Business Insider, Inc, 05 Feb. 2016. Web. 08 Feb. 2016.
"Making
a Murderer." Netflix. Netflix, 18 Dec. 2015. Web. 08 Feb.
2016.
"False
Confessions or Admissions." The Innocence Project. The
Innocence Project, n.d. Web. 08 Feb. 2016.
Shaw,
Julia. "Why It's Easy to Make an Innocent Person Confess." Business
Insider. Business Insider, Inc, 19 Jan. 2016. Web. 08 Feb. 2016.
"Your
Rights If Questioned, Stopped or Arrested by the Police." OSBA. Ohio State
Bar Association, 23 Feb. 2015. Web. 08 Feb. 2016.
Photo obtained from dreamtime.com; College Lawyer Blog does not own this photo.
Photo obtained from dreamtime.com; College Lawyer Blog does not own this photo.
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