Reducing Risks: An Executive’s Guide to Effective Juvenile Interview and Interrogation

This publication is an outgrowth of the training course, “Introduction to Juvenile Interview and Interrogation Techniques,” which IACP developed in 2006 in partnership with OJJDP. The training curriculum was created by a unique group of specialists in law enforcement, juvenile public defense, adult learning techniques, and curriculum development. Since 2006, the training course has been delivered 25 times around the United States. Approximately 1,267 law enforcement officers representing 593 agencies from 37 states have completed the course.

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Daniel Gwynn

Daniel Gwynn was convicted of first degree murder, arson and aggravated assault in 1995. The primary evidence against him was an incriminating police-written statement that he signed. In this statement Mr. Gwynn is supposed to have started the fire at that killed Marcia Smith, one of the six homeless residents there, who refused to jump out of a third floor residence. The other five residents survived. Two of the residents testified that on the day before the fire they had an altercation with someone known as ‘Rick’ who fought with them for seventy minutes before being forced to flee the residence and threatened revenge. The five homeless residents told police that they believed ‘Rick” had to have started the fire – even though they did not see who started the fire.

According to false confession expert Dr. Richard Leo, “There is no objective record of what occurred and therefore no way of ruling out that Mr. Gwynn was not educated about those facts that he got correct, a phenomenon known as ‘contamination’ that is not uncommon in police interrogations, especially those leading to false confessions.”

Source: http://www.thepetitionsite.com/en-gb/125/358/722/free-daniel-gwynn-an-innocent-man-on-death-row/

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Don Roberts and Glynn Simmons

On December 30, 1974, two men held-up the Edmond Liquor Store and and in the process shot clerk, Carolyn Sue Rogers, who was killed, and a customer, Belinda Brown, who was wounded but survived.

Don Roberts and Glynn Simmons were subsequently convicted of the murder. There was no physical evidence to link them to the crime, only a questionable eyewitness identification by Belinda, and a juvenile who identified Don in a lineup.

Don and Glynn were strangers the day of the murder, they had only met once at a party, weeks after the murder. Police say their alibis didn’t check out.

Police reports indicate detectives recovered at least one usable finger print, and a bullet, but police said in court there were no fingerprints lifted from the scene of the murder.

Carolyn’s sister, Janice Smith, later wrote a letter to Glynn, and became convinced of his innocence.

Source : http://kfor.com/2014/05/15/prosecutor-family-believe-convicted-murder-could-be-innocent/

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Prosecutor Reform

“The Chronic Failure to Discipline Prosecutors for Misconduct: Proposals for Reform,” is a paper written by Thomas P. Sullivan and Maurice Possley, published by Northwestern Law’s Journal of Criminal Law and Criminology. http://bit.ly/2k00Onu Sullivan is a former U.S. Attorney; Possley, a former journalist now with the National Registry of Exonerations.

Five suggested reforms:

(1) substituting for the Brady rule a verifiable open-file pretrial discovery requirement on prosecutors;

(2) instead of invoking harmless error, requiring reversal of convictions if serious prosecutorial misconduct is proven;

(3) identifying errant prosecutors by name in trial and appellate opinions;

(4) providing prosecutors with qualified instead of complete immunity from civil damages for misconduct; and

(5) authorizing the Department of Justice’s Office of Inspector General to handle investigations of alleged misconduct by federal prosecutors.

See http://scholarlycommons.law.northwestern.edu/jclc/vol105/iss4/5/ for the full abstract and article.

 

Emerson Stevens

Emerson Stevens was convicted after two 1986 trials of abducting a mother of two from her home on August 22, 1985, while her children were asleep in the house. Five days later, her body was found in shallow water near Belle Isle Marsh, off the Rappahannock River. Stevens was sentenced to 164 years and a day in prison.

In December 2016 the Innocence Project of the University of Virginia School of Law filed an amendment asked for the conviction to be vacated.

According to the amendment, withheld evidence was found including an FBI report identifying a number of additional viable suspects; several witness statements in interviews that conflict with their court testimony; disclosure of witnesses whose statements could have impeached the testimony of prosecution witnesses; and, evidence of coercion of witnesses by the state’s chief investigator. “Mr. Stevens was convicted of a crime he did not commit…The Commonwealth’s failure to disclose the exculpatory evidence on which those false testimony claims are based violates its obligations in Brady versus Maryland”.

Source: http://rrecord.com/innocence-project-casts-doubt-on-stevens-1986-murder-conviction/

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Forensic Science Reform

In September 2016, the President’s Council of Advisors on Science and Technology released a report calling for forensic science reform, however Attorney General Loretta Lynch said the Justice Department would not be adopting the recommendations, and the National District Attorney’s association’s suggested that existing safeguards were adequate.  Adam B. Shniderman of Texas Christian University discusses the issue here.