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Recent Blog Posts
Trickery, Baiting, Suggestibility and Lies – Interrogation Tactics Described in the Netflix Series “Making A Murderer” Are Not Uncommon
Since the airing of the 10-episode Netflix documentary, “Making a Murderer” began in January 2016, the cases of Steven Avery and Brendan Dassey have drawn a considerable amount of attention from the public and the media around the United States. Many are both surprised and outraged by the details of Avery’s original wrongful conviction, and some believe there may be evidence that Avery was again wrongfully accused and convicted of a horrendous crime.
Although less discussed, Mr. Dassey’s related case has also drawn scrutiny from the public, particularly for the way he was interrogated by police. But what many people may not realize is that these practices – lying, baiting, suggestibility and trickery - are actually quite common during police interrogations. Moreover, courts often give their approval or a wink-wink to these kinds of tactics, deeming the confessions obtained through deception admissible as evidence.
Deception and Trickery During Interrogation Can Be Permissible
Practices such as strategic deception (lying to push for a confession or information), trickery, baiting (telling suspects they have evidence they do not have), “good cop, bad cop” routines, suggesting that there is forensic evidence or another person’s confession that clearly implicates the suspect undergoing questioning, along with other forms of deception are not only permitted during police interrogations, they are often considered “harmless error” even if it leads to a confession that seals the prosecution’s case. Atty. Ray Dall’Osto provided further comment on the import of this for Mr. Dassey’s case in a January 2016 newspaper interview, which can be found at this link.
Of course, there have been times that law enforcement officers’ tactics in obtaining confessions have been held to have gone too far, but the instances are rare. This is due, in part, to the murky line between coercion and “acceptable” deception. There is no bright line rule that says how far is “too far.” That is why it is essential to have experienced criminal defense counsel who can effectively challenge the admissibility of confessions and suppress them as evidence.
Did Investigators Go Too Far?
If no hard line exists, it becomes the court’s discretion as to whether or not a suspect’s rights have been violated; and that can create a very slippery slope. Take, for example, Brendan Dassey’s interrogation which is addressed in the Netflix series. Law enforcement officers are allowed to interrogate a minor without parental consent, but concerns exist about the ability of the minor, young person or person with special needs to understand and properly waive their important constitutional rights to remain silent and to an attorney.
Mr. Dassey’s low IQ, the way police misled him in their questioning and the way he seemed to be guessing at the answers calls the reliability of the interrogation into question. Yet that evidence (which was the chief piece of evidence to actually tie Dassey to the murder) was found admissible. In light of the Netflix series, there has arisen a public concern that this should not have been and that, at the very least, Mr. Dassey deserves a new trial.
Causes of Wrongful Convictions
The National Innocence Project has put together the chart below on the principle contributing causes of wrongful convictions, based on actual cases handled and exoneratons obtained.
Why Are Homicide Rates up in Milwaukee?
In 2015, 160 people were killed in the city of Milwaukee, this is the highest number of homicides since the early nineties. This number is alarming to city and state officials, especially after there were only 86 homicide victims in Milwaukee in 2014, the lowest number the city had seen in years. This 69 percent increase in homicides is a larger increase than cities like St. Louis, Washington D.C., and Baltimore, which all received media attention due to homicide rates. Now, city and state officials are wondering what has caused the increase.
Why the Increase in Homicides?
“That is the million-dollar question,” says a leader of the Milwaukee Homicide Review Commission, an organization that studies homicides and incidents of gun violence in Milwaukee. Many trends in the city have remained constant. A majority of the victims were African-American men. Most of the victims were shot to death. Some victims were related. What exactly caused the dramatic increase in homicide this past year remains somewhat of a mystery. There are many different theories that have been discussed. Some Milwaukee residents say the problem stems from poverty. Some say segregation is the issue. Other reasons cited are easily accessible firearms, too much policing, or police are not doing enough.
Framed by a Fly: Forensic Scientist Says Flies Are Capable of Transporting DNA Evidence
Inside a courtroom, and to a jury, a DNA sample almost always seals the case against an alleged criminal; it would seem appropriate, considering how the odds of a false identification is lower than one in 10 million. But real and valid cases of DNA contamination - from the “trace” DNA samples that can be transferred by a mere handshake, to a single intact sperm inadvertently finding its way onto a slide containing a woman’s vaginal secretions – suggest that our reliance on DNA evidence has become more than slightly concerning.
DNA Evidence – Then and Now
When DNA analysis first emerged, a decent amount of evidence was needed to extract just a partial profile (think a blood stain the size of a quarter). But, as modern science has improved, the sample of DNA needed to supply incriminating evidence has decreased exponentially. Today, an entire profile can be created with a sample the size of a pinhead. Unfortunately, that improvement has come at a price; and quite often that price is the wrongful conviction of an innocent person.
Fraud, Forgery, and Bad Checks in the State of Wisconsin
Fraud, forgery, and criminal charges resulting from writing a bad check can seem rather similar. However, there are some significant differences between these types of offenses; the most notable of which rests in the defendant’s intentions. If you are facing criminal charges for fraud, forgery, or charges related to writing a bad check, know your rights and how you may best take action to avoid maximum penalties.
Forgery
Forgery is defrauding another through the alteration or writing of an object so that it appears it was written or made by another individual. For example, a woman recently had a warrant issued for her arrest after allegedly altering a check written to her by a resident at the centerat which she works. Originally written for $11, she reportedly changed it to read $11,000 and then deposited the check into her bank. Possession or use of an altered document may also constitute forgery charges, even if the person in possession of the document was not the one who altered it.
White Collar Crime Lawsuits and Criminal Investigations
White collar crimes are often complex and involve months and years of preparations before prosecutors bring formal charges. There is no official set of crimes under the law called white collar crimes. However, federal and state crimes involving fraud and finances are generally considered to be white collar crimes. These include things such as embezzlement, securities fraud, computer crimes, and identity theft.
Dangers of a Lengthy Investigation
Because white collar crimes often involve many different sets of financial records and a complicated set of facts, the investigations are often lengthy. Law enforcement investigations may span months, or even years..
What If There Is a Lawsuit?
Another consequence of the sometimes-lengthy criminal investigation process is that those who have lost money may file a civil lawsuit. As part of a civil lawsuit, defendants may be required to testify under oath and provide thousands and thousands of pages of documents, Oral testimony or anything turned over in the civil case may also be used in a criminal case.
Elder Abuse: Can You Sue a Nursing Home for Wrongful Death, Abuse, or Negligence?
According to statistics, elder abuse occurs in one out of three nursing homes. Often, that abuse is experienced at the hands of staff, but a recent study has also revealed that resident-on-resident abuse occurs frequently as well. One woman, suffocated and strangled to death, is an example of the latter. But just how much ammunition do you or your loved ones have against a nursing home if wrongful death, abuse, or negligence has occurred? The answer to that question may lie in the paperwork.
Roommate Charged with Murder, Nursing Home Never Implicated
Despite alleged documents that stated the deceased’s roommate was a risk to herself and/or others, authorities focused their attention on the resident actually responsible for the 100-year-old woman’s death rather than investigating the facility. Charged with murder and then deemed unfit to stand trial because she suffered from dementia, she was eventually committed to a state hospital. But the nursing home responsible for their care was never implicated, either criminally or otherwise.
Premises Liability: What Happens When Passersby Are Injured by Construction Work?
In February, a nearly 600-foot tall crane crashed onto the buildings, cars, and pedestrians in downtown Manhattan. One man, a Harvard-trained mathematician, was killed. Three others were injured. What rights do these individuals have under the law? Can they seek compensation? And just how difficult will the process be?
How Frequent Are Construction Site Injuries?
According to the U.S. Department of Transportation Federal Highway Administration, approximately 1.6 percent of all roadway crashes occur within construction work zones. Of those, approximately 0.6 percent were fatal (576 fatalities), 30 percent resulted in injury, and 69 percent caused only property damage. Most occur during active work hours (70 percent).
Passersby Have Right to Reasonable Expectations
Do You Need a Personal Injury Attorney?
Sustaining an injury due to an accident can be traumatic. As a victim, you may be entitled to compensation for the damage and injuries you sustained, but knowing how to access this compensation can be difficult. In many cases, insurance companies will only offer to pay the minimum amount possible, and in reality, insurance companies have little incentive to pay any more than that. Your insurance company may be difficult to work with and may only offer you a minimal settlement. Do not let the trauma of your accident follow you during your recovery. If you are entitled to compensation, you need the help of a qualified personal injury attorney. Here is how we can help.
What Can I Be Compensated for?
So, you have recently been in an accident. You know you are entitled to compensation, but how much? You reach out to your insurance agency, and they try to justify only offering you a minimal amount of compensation. Where do you turn next? A personal injury attorney can help you hold your insurance company accountable for the full amount of compensation you deserve to receive. If your accident was caused by someone else, you may be entitled to compensation for a number of different purposes. These include:
