Confessions Essay

321 WordsMar 9, 20122 Pages
Confessions 1 Confessions 2 Confessions A confession is considered one of the highest sure evidence in a criminal case, but so many false confessions through the years have been made and many times by the misconduct of law enforcement professionals. When a court accepts a confession as being admissible, the confession must first be looked at and be sure it was in fact voluntary. All the circumstances around the confession must be taken into consideration and some include the following: the time elapsing between the arrest and arraignment of the defendant that made the confession, and if it was made after arrest and before arraignment, whether the defendant was aware of the nature of the crime that he was charged with at the time of making the confession, whether or not the defendant was told or made known of his Miranda Rights, and if the defendant was in the presence of council when being questioned and the confession given ( Many would not think that false confessions happen very much but in about “25% of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty. These cases show that confessions are not always prompted by internal knowledge or actual guilt, but are sometimes motivated by external influences” (innocence project). An example of a false confession is coercion, like that of Frank Sterling. He confessed to killing an elderly woman and was questioned with no lawyer present, as well, he said that he was asked leading questions and was told to answer yes. He stated “They wore me down” (innocence project). After research, I have a more clear understanding on confessions and the reality of false ones. Works

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