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16

Dec

Lessons Unlearned – Ineffective Safeguards and Over-reliance (Part One) PDF Print E-mail
Written by Satish Sekar   

Confessions are the cornerstone of the criminal justice system of England and Wales, but there are dangers associated with using them, especially if they are relied on uncritically. False confessions are worse than useless, because over-reliance on them has resulted in demonstrably false confessions trumping indisputable evidence that proves them false, such as compelling alibis or the lack of scientific evidence in circumstances where such evidence would have been obtained had the confession been true.

Last Updated on Monday, 05 January 2009 10:53
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16

Dec

Lessons Unlearned – Ineffective Safeguards and Over-reliance (Part Two) PDF Print E-mail
Written by Satish Sekar   

The glaring deficiencies in Stephen Miller's confession were overlooked and they needed to be, as his admissions were manifestly absurd. He did not stand a chance as the whole criminal justice system failed not only him and his co-accused, but the memory of Lynette White and society too. The criminal justice system requires confessions to function, but when Miller surrendered his long term interests for short term respite from officers he regarded as persecutors, he followed in a long list that disgraces British justice.

Last Updated on Monday, 05 January 2009 10:52
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05

Jan

Lessons Unlearned – Ineffective Safeguards and Over-reliance (Part Four) PDF Print E-mail
Written by Satish Sekar   

Despite being clearly innocent Stephen Miller was even accused of concocting an alibi, when unknown to him vital statements were gathering dust in the unused material. He had forgotten that he had seen people in the nearby Casablanca nightclub minutes after the police and prosecution say the murder was committed. There were no traces of blood on his clothes and he showed no change in general demeanour. He was either the greatest actor still undiscovered by Hollywood, or he was obviously innocent. While Miller remembered none of this, his lawyers and the police, Crown had easy access to it.

Last Updated on Monday, 05 January 2009 11:02
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05

Jan

Lessons Unlearned – Ineffective Safeguards & Over-reliance (Part Six) PDF Print E-mail
Written by Satish Sekar   

The case of the Cardiff Five proves that juries will ignore the law if they believe it just to do so. Miller's confession dominated proceedings in 1990. The judge directed the jury that could only rely on Miller's confession as evidence against him – it could not be used against his co-accused at all. Nevertheless, they ignored both his directions and strong evidence that Yusef Abdullahi was working on a ship almost ten miles away throughout the night of the murder, as they plainly did not believe anything but Miller's false confession. It is the only thing that explains why three were found guilty and two were acquitted.

Last Updated on Monday, 05 January 2009 10:53
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05

Jan

Lessons Unlearned – Ineffective Safeguards and Over-reliance (Part Three) PDF Print E-mail
Written by Satish Sekar   

Stephen Miller's confession not only defied logic, but graphically illustrates the dangers of over-reliance on them. He confessed to a crime that he definitely did not commit, because his vulnerabilities were exploited by police officers and then misunderstood at best by professionals who ought to have known better throughout the criminal justice system. Detective Constables Peter Greenwood and John Seaford bullied and hectored Miller, and the breach was widened by Simon Evans, John Murray and Graham Toogood. They used oppressive interviewing and deception to cajole incriminating admissions from him that became the crux of the whole case.

Last Updated on Monday, 05 January 2009 11:02
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05

Jan

Lessons Unlearned – Ineffective Safeguards and Over-reliance (Part Five) PDF Print E-mail
Written by Satish Sekar   

There was other evidence that proved Miller's confession was arrant nonsense as well, all of which was available to the Crown Prosecution Service (CPS), but it failed to take any of the opportunities it had to uphold the law and refuse to rely on it, despite its duty to only tender evidence that was reliable and lawfully obtained. The lead barrister for the prosecution, David Elfer QC, demanded ludicrous standards on suggestibility and even on oppression from Miller. Elfer thought that Miller couldn't say that he was happy to continue during interviews and claim he was bullied later. The Court of Criminal Appeal , headed by the then Lord Chief Justice, Lord Taylor of Gosforth, later set him straight on both points, but it should never have come to that. Miller's confession was unlawfully obtained and it was false – demonstrably so. There were several safeguards – none of which had protected as vulnerable a suspect as one could find, but Miller's confession had another unusual feature.

Last Updated on Monday, 05 January 2009 11:03
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