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Lecture on Brendan Dassey's Case and False Confessions
Jul 2, 2024
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Lecture on Brendan Dassey's Case and False Confessions
Introduction
Speaker: Steve Drizen, Assistant Dean of the Bloom Legal Clinic and Co-Founder of the Clinic Center on Wrongful Convictions of Youth.
Purpose: Discussing Brendan Dassey's case as portrayed in the Netflix series āMaking a Murderer.ā
Main Objective: Break down Brendan Dassey's confession and why his legal team considers it coerced and false.
Acknowledged Attendees and Supporters
Dean Daniel Rodriguez: Strong supporter of the clinic.
Legal Team Members: Tom Geraghty and Bob Dvorak: Recognized for their contributions.
Filmmakers of āMaking a Murdererā: Mora Demos and Laura Ricciardi acknowledged for their storytelling.
Structure of the Presentation
Part 1: Drizen and Laura Nirider will dissect the interrogation of Brendan Dassey.
Part 2: Panel discussion moderated by Judge Michael K. Brown, including Bob Milan and Dr. Antoinette Kavanaugh.
Special Performance: Song by SMD and The Underground.
Overview of Brendan Dassey's Case
Context: Brendan Dassey, at 16, was interrogated and confessed to aiding his uncle Steven Avery in the rape and murder of Teresa Halbach.
Interrogation: Brendan's confession is argued to be coerced and false, leading to a wrongful conviction.
False Confessions and Police Interrogation Techniques
Common Myths about False Confessions
Myth 1:
It is obvious when a confession is false.
Myth 2:
Only physical abuse causes false confessions.
Myth 3:
Only juveniles or individuals with mental limitations falsely confess.
Reality:
False confessions are detailed and often sound believable. They are obtained through psychological tactics rather than physical abuse.
Three Interrogation Errors Leading to False Confessions
Misclassification Error:
How the wrong person ends up in the interrogation room.
Behavioral analysis during initial interviews that wrongly assesses truthfulness based on body language and verbal cues.
Coercion Error:
Psychological pressure tactics used during the interrogation.
Techniques involving false evidence, minimization, and confrontation.
Contamination Error:
Specific facts are fed to the suspect.
Fact-feeding through leading questions and other means.
Examples from Brendan Dassey's Interrogation
Misclassification:
Brendan's responses and demeanor misinterpreted as deceitful.
Coercion:
Use of the omniscient ploy, suggesting the officers know everything and demanding Brendan's ātruth.ā
Contamination:
Fact-feeding, e.g., feeding key details about the crime to Brendan.
Impact and Injustices: Post-Interrogation Moments
Impact on Brendan:
His naivety and miscomprehension of the interrogation process, thinking he could go back to school after confessing.
Parental Pressure:
Brendan's mother was not present, and police misled her about the seriousness of the situation.
Wrongful Convictions and Court Proceedings
Legal Battles:
Attempts to suppress Brendanās confession, appeals in state courts, and ongoing efforts in federal courts.
Flaws in Legal Representation:
Discussion about ineffective assistance of counsel, particularly regarding kachinsky's conduct and defense strategy.
Needed Reforms and Solutions
Interrogation Reforms
Electronic Recording:
Mandate recording of all interrogations to ensure transparency.
Alternative Techniques:
Adoption of non-confrontational approaches like the PEACE technique (used in the UK).
Public Defender and Legal Support
Public Defenderās Role:
Importance of resources and expertise that public defenders can offer in complex cases.
Required Legal Representation:
Necessity for legal representation rather than relying on parental presence during interrogations.
Panel Discussion Highlights
Dr. Antoinette Kavanaugh:
Importance of forensic psychological evaluation in understanding a juvenile's comprehension during interrogation.
Bob Milan:
Emphasis on collaboration between prosecutors and defense attorneys in wrongful conviction cases.
Audience Questions:
Discussion on why parental presence is not enough and the roles of attorneys in juvenile interrogations.
Final Remarks and Acknowledgments
Gratitude:
Thanks to various supporters and organizers for making the event possible.
Call to Action:
Encouragement to support the Center on Wrongful Convictions of Youth in their advocacy and litigation efforts.
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