Attention Grabber: What would you do if you were the main suspect of a crime you did not
commit? The police are convinced you committed the crime, and they assure you they can’t help
you until you ‘comply.’ Will you confess or will you remain silent?
Greet audience: Show a picture of Kirstin Lobato. This is Kirstin Lobato, she was wrongfully
convicted on a murder charge and served close to 16 years in prison for a crime she did not
commit. Despite strong evidence pointing to the fact she was innocent; this woman lost a large
chunk of her life due to careless people within the criminal justice system. This woman is one of
many people who have been failed by the criminal justice system in America.
Establish credibility: I have been a criminal justice major for two years now and I have studied
every aspect of the system thoroughly. The criminal justice system is something I am very
passionate about, however, it does not always bring justice. I want to share with you some of the
ways the system can fail.
Preview the Main Points: Today I’m going to inform you about wrongful convictions in the
Criminal Justice system and why they occur. I will do this by explaining police interrogations,
the process of plea bargaining, and the overworked and underfunded public defenders.
Transition: First I’m going to explain what police interrogations are and how they work.
Main Point 1: Interrogations are a catalyst that can lead to false confessions and result in
wrongful convictions of innocent suspects.
Subpoint 1: First I will describe what interrogation rooms are used for.
A. Interrogation rooms are designed for the sole purpose of getting a suspect to confess or
deliver unknown information to the police. These rooms are typically small, kept bone
chilling cold, and lit with fluorescent lights. All these characteristics of the room are
meant to keep a suspect on edge. This way, the police can build rapport or trust with the
suspect. They will ensure a suspect that they can only help them if they choose to
comply. Once a suspect is uncomfortable enough in the environment, they will more than
likely tell the detective whatever they want to hear so they can leave the confining room.
Subpoint 2: Second, I will explain why confessions are considered a strong piece of
evidence.
A. In the 1998 journal The Consequences of False Confessions Leo and Ofshe stated that
confessions are treated as damning and compelling evidence of guilt. Those who are
coerced into a confession stand little to no chance in a court of law, especially when they
stand before a jury. This is because a jury hardly will ever believe a defendant is innocent
if the prosecution presents a confession. People do not consider that a confession may be
coerced or understand why a person would make a false confession, so they see it as a
sure sign of guilt.
Subpoint 3: Now I will share a story of how a young woman was convicted upon a
twisted confession.
A. According to the Innocence Project website, detectives arrived at Kirstin Lobato’s home
informing her they knew she had been previously attacked by her attempted rapist. She
did not report the attack and instead told a friend who later reported it to the police. They
believed she was in connection to another murder. Lobato described the rape attempt to
the police giving them details that did not match the facts of the murder. However, she
believed the detectives were informing her the man who tried to rape her had died due to
the injuries she inflicted upon him. Lobato showed remorse and made other comments
that the police used as a confession and they arrested her.
Transition: Now that I have established how wrongful convictions can stem from police
investigations, I’m going to talk about how the court system can encourage them as well.
Main Point 2: A Plea Bargain is an agreement between a prosecutor and defense attorney which
allows the defendant to get a lesser penalty in exchange for a guilty plea. With the potential for
false or coerced confessions, plea bargains can be a life changing deal for a defendant.
Subpoint 1: Plea Bargains exist because the court system in America is extremely
overworked. There is not enough money, time, or lawyers and judges available to give every
person indicted on criminal charges a fair trial. Therefore, plea bargains are the cheapest and
quickest solution to a criminal case. Plea bargains are essential in the court system, as it would
grind to a screeching halt without this option. While they are necessary, they do pose a risk to
those who are innocent.
Subpoint 2: Let’s clarify a few reasons why a plea bargain might be initiated from both
sides of the court room.
A. Prosecutors often favor plea bargains when they are doubtful about a case. This meaning,
they might not have enough evidence against the defendant to convict them, but there is
still some evidence that could be used. Instead of risking letting a criminal walk free, they
choose to initiate a plea bargain ensuring conviction. On the defense side, the evidence
against the defendant might be too compelling, so instead of wasting time and money on
a trial, they result to a plea bargain that will give the defendant a lesser sentence. In the
case of Kirstin Lobato, the defense tried to offer her a plea bargain which she denied. In
her exoneration hearing the court established that the defense attorneys representing her
in the initial trial violated the constitutional right to effective legal representation.
Subpoint 3: Now let’s talk about why plea bargains can be detrimental to a defendant.
A. Taking a 5-year sentence over a 10-year sentence might seem reasonable, to a defendant
who is not receiving proper counsel and who is not understanding of their constitutional
rights. If they are innocent, they may think the lesser sentence is a better deal than risking
a maximum sentence for the crime during a trial. According to a 2014 Albany Law
Review, Strutin said plea bargains can result in the ineffective assistance of counsel
which deprives the defendant of making an informed, knowing, and voluntary choice. In
other words, if the defendant’s counsel is not competent, the defendant may not be
making the right choice.
Transition: Similarly, plea bargains can be coupled with overworked public defenders,
raising the risk of potential wrongful conviction.
Main Point 3: Many people who are faced with criminal charges must rely on overworked and
underfunded public defenders for counsel.
Subpoint 1: Being able to afford a defense attorney is not a luxury that many American’s
facing criminal charges have. Therefore, the Sixth Amendment calls for a lawyer to be appointed
to you if you cannot afford one. This is also why when a person is arrested, they are read
Miranda rights which include the phrase if you cannot afford an attorney one will be appointed to
you. When a person can’t afford an attorney, under the constitution a judge must appoint a public
defender as counsel to the defendant.
Subpoint 2: There are many issues that stem from being represented by a public
defender.
A. Many public defense offices are flooded with public defense attorneys who are underpaid
and overworked. Since public defense offices are underfunded, this results in low pay and
a higher number of defense attorneys quitting their jobs. That leaves the remaining public
defenders with exponential caseloads. When public defenders have stacks of cases to
represent, they have much less time to focus on one case. Often, public defenders meet
with their clients right before the court date because there is not time in advance for them
to meet. Those who are represented by public defenders ultimately have a higher
probability of being found guilty because their attorneys do not have adequate time to
prepare the case and deliver efficiently. This is especially horrifying for those who are
truly innocent.
Subpoint 3: Since the underfunding and overworking of public defenders has become a
known issue, the US Supreme Court has been working to ensure all individuals receive
acceptable and fair counsel. In a 2018 Michigan Law Review, Jaffe said an early appointment of
qualified attorneys with sufficient time and resources to provide competent representation is
necessary.
Transition: In conclusion,
Summary: Today I discussed wrongful convictions in the Criminal Justice system and why they
occur. First, I talked about police interrogations and how they can lead to false confessions. Then
I explained the process of plea bargaining and its ties to wrongful convictions. Finally, I
discussed the overworking and underfunding of public defenders.
Closer: The criminal justice system can both serve and fail the people of the United States.
Luckily, there are organizations such as the Innocence Project working to exonerate those who
were convicted for crimes they did not commit, like in the case of Kirstin Lobato.
References
Jaffe, S. (2018). “It’s Not You, It’s Your Caseload”: Using Cronic to Solve Indigent Defense
Underfunding. Michigan Law Review, 116(8), 1465–1484.
Kirstin Lobato Exonerated Today After Wrongly Serving Nearly 16 Years. (2017, December 29).
Retrieved from Innocence Project : https://www.innocenceproject.org/kirstin-lobatoexonerated-today-after-wrongly-serving-nearly-16-years/
Leo, R. A., & Ofshe, R. J. (1998). The Consequences of False Confessions: Deprivations of
Liberty and Miscarriages of Justice in the Age of Psychological Interrogation.[*]. Journal of
Criminal Law & Criminology, 88(2), 429–496. https://doiorg.proxy.ohiolink.edu:9100/10.2307/1144288
Strutin, K. (2014). Truth, Justice, and the American Style Plea Bargain. Albany Law
Review, 77(3), 825–880.