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Gary conveyed that he hadn't admitted guilt, but had made in conjectures after policemen convinced him that he could have engaged in the homicides while an According to him, the cops convinced him into speculate how the crime could have revealed, falsely stating he hadn't passed a lie detector test and bloody apparel had been discovered in his room. In reality, none of this was true - there was no evidence of any blood, effectively due to Gary's state of extreme fatigue. Gary's questioning extended beyond 18 hours.
Well in the case about the Gaugers, how false confessions came into affect is when Gary was pressured into giving an false answer to the police officers in order to "give them what they wanted".In the article it states, "According to Gary, he didn’t confess, but made hypothetical claims after officers told him he “could have done it” during an alcoholic blackout. “They made me think about how I might have done it,” Gary said. “They told me I didn’t pass a polygraph, and they said they found blood-stained clothes in my room.” Neither of those things were true — no blood-stained clothes were found, and the polygrapher said he couldn’t get a reading because Gary was so exhausted"(12).
In 1994, Gary Gauger was wrongfully convicted and
sentenced to death for the murder of his parents on
their Illinois farm. No physical evidence linked Gary
to the crime,in 2002 the case was over thrown and later he was relased.
The informant, wearing a wire, recorded gang members conversing about the murder of the Gaugers, with gang member Randy Miller asserting that "no one knows about it, I'm not worried about it, there's no physical evidence from me there, there's none." It was later revealed that the gang had attempted to rob the Gaugers due to their reputation in the community for mistrusting banks and having large amounts of cash stored in the house. Miller, along with another gang member, James Schneider, was convicted in federal court for racketeering offenses in which the two murders were the predicate acts.
The prosecution in Gary’s case had been given
evidence of Miller and Schneider’s involvement in the
murder in November 1995.
The concept that a person could dishonestly admit to serious offenses is often challenging to comprehend for many individuals. Nonetheless, the fact that people do give incorrect confessions is clearly documented. Such situations have led to inaccurate judgments and the unjust imprisonment of blameless individuals.
There are three ways in which policies requiring
electronic recording of custodial interrogations can be
adopted — through court mandate, legislation, or
individual police department policy. While all three
methods have yielded success, implementation
through legislation is preferable because it ensures
uniformity and comprehensive guidance on such
important questions as when and where recordings are
required, any possible exceptions, and the consequences of failing to record.
It is especially urgent to
record interrogations involving
juvenile suspects and those whom
authorities have reason to believe
are mentally retarded or mentally
ill. These populations are particularly vulnerable to interrogation
tactics and significantly more
likely to falsely confess.
Regardless, the parameters should be clearly
defined so that law enforcement officers know immediately whether recording is required in a given case. In
fact, most of the benefits of recording interrogations
can be accomplished with inexpensive audio recording
devices available at minimal cost. Interrogations not recorded for good reasons will result in the exclusion of valid confessions, and criminals will be freed on a technicality.
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