Confession (legal)
Encyclopedia
In the law of criminal evidence
, a confession is a statement by a suspect in crime which is adverse to that person. Some authorities, such as Black's Law Dictionary
, define a confession in more narrow terms, e.g. as "a statement admitting or acknowledging all facts necessary for conviction of a crime," which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense.
, involving oneself, is used as a form of proof
in judicial matters, since at least the Inquisition
. The value of confession
s, however, are discussed, and law generally request cross-checking them with objective facts and others forms of evidence
(exhibit
s, testimonies from witness
es, etc.) in order to evaluate their truth value. Confessions were first developed in the Roman Catholic Church
under the Sacrament of Penance
, where the confession of a sin is considered to be enough to absolve oneself. This aspect concerning moral guilt
has been carried on in various legislative codes, in which a criminal is considered worse if he does not confess to his crimes.
have often been considered as not objective enough, since the use of such means may lead to the suspect in confessing anything. However, when the confession reveal secret only known to the perpetrator (such as the location of the body or murder weapon), the confession is reliable.
On the other hand, even without torture, various cases of avered false confessions demonstrate that, in itself, one man's confession is not a sufficient proof. False memory
(including memory biases, etc.) or privileges granted under plea bargaining might lead to such false confessions.
In Japan, the legal requirement dictate that confession is only admissible as evidence only if it contains elements only the guilty could have known. However, many miscarriage of justice cases in Japan are due to the police faking the confession of guilty secret.
A confession may be admitted in evidence so long as it is relevant to any matter in issue and not excluded under the court's discretion.
The court may exclude evidence:
Under section 76, following a representation by the defendant or upon the court's own motion, evidence tendered by the prosecution must not be admitted if it was or may have been obtained:
Whether or not evidence was obtained in such circumstances will be decided by a judge sitting without a jury in a voir dire.
Oppression includes torture, inhumane and degrading treatment and the use or threat of violence. Oppression imports "some impropriety... actively applied in an inappropriate manner by the police"
Under the second limb, a judge is not to consider whether the confession made was truthful, but rather whether, under the circumstances, "whatever was said or done, was, in the circumstances existing as at the time of the confession, likely to have rendered such a confession unreliable, whether or not it may be seen subsequently - with hindsight and in the light of all the material available at trial - that it did or did not actually do so". The question of whether some action has rendered a question unreliable centers on whether it is likely to have made an innocent person confess, or even (equivalently) to have made a guilty person confess to more than their actual crime.
"Anything said or done" is not limited to the actions of the police, but does not include things said or done by the accused. However, the circumstances existing at the time do include the accused's own mental state and capacities.
. Following a representation by the defendant or upon the court's own motion, evidence tendered by a co-defendant of a defendant's confession must not be admitted unless the co-defendant proves on the balance of probabilities that it was not obtained:
, the United States Supreme Court ruled that convictions which are based solely upon confessions coerced by violence violate the Due Process Clause.
status. Adriano Sofri
, for example, has been given a life-sentence exclusively on the words of one pentito.
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, a confession is a statement by a suspect in crime which is adverse to that person. Some authorities, such as Black's Law Dictionary
Black's Law Dictionary
Black's Law Dictionary is the most widely used law dictionary in the United States. It was founded by Henry Campbell Black. It is the reference of choice for definitions in legal briefs and court opinions and has been cited as a secondary legal authority in many U.S...
, define a confession in more narrow terms, e.g. as "a statement admitting or acknowledging all facts necessary for conviction of a crime," which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense.
History
This specific form of testimonyTestimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
, involving oneself, is used as a form of proof
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
in judicial matters, since at least the Inquisition
Inquisition
The Inquisition, Inquisitio Haereticae Pravitatis , was the "fight against heretics" by several institutions within the justice-system of the Roman Catholic Church. It started in the 12th century, with the introduction of torture in the persecution of heresy...
. The value of confession
Confession
This article is for the religious practice of confessing one's sins.Confession is the acknowledgment of sin or wrongs...
s, however, are discussed, and law generally request cross-checking them with objective facts and others forms of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
(exhibit
Exhibit (Legal)
An exhibit, in a criminal prosecution or a civil trial, is physical or documentary evidence brought before the jury. The artifact or document itself is presented for the jury's inspection...
s, testimonies from witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es, etc.) in order to evaluate their truth value. Confessions were first developed in the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
under the Sacrament of Penance
Sacrament of Penance (Catholic Church)
In the teachings of the Roman Catholic Church, the Sacrament of Penance and Reconciliation is the method by which individual men and women may be freed from sins committed after receiving the sacrament of Baptism...
, where the confession of a sin is considered to be enough to absolve oneself. This aspect concerning moral guilt
Guilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
has been carried on in various legislative codes, in which a criminal is considered worse if he does not confess to his crimes.
Reliability
On one hand, confessions obtained under tortureTorture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
have often been considered as not objective enough, since the use of such means may lead to the suspect in confessing anything. However, when the confession reveal secret only known to the perpetrator (such as the location of the body or murder weapon), the confession is reliable.
On the other hand, even without torture, various cases of avered false confessions demonstrate that, in itself, one man's confession is not a sufficient proof. False memory
False memory
False memory syndrome describes a condition in which a person's identity and relationships are affected by memories which are factually incorrect but are strongly believed. Peter J...
(including memory biases, etc.) or privileges granted under plea bargaining might lead to such false confessions.
In Japan, the legal requirement dictate that confession is only admissible as evidence only if it contains elements only the guilty could have known. However, many miscarriage of justice cases in Japan are due to the police faking the confession of guilty secret.
England and Wales
In English law a confession includes:any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise.
A confession may be admitted in evidence so long as it is relevant to any matter in issue and not excluded under the court's discretion.
Exclusion of prosecution evidence
The court must exclude evidence:- if the "admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it", or
- if it was obtained by torture.
The court may exclude evidence:
- in its common law discretion if the prejudicial effect of the evidence outweighs the probative value, or
- under section 76 of the Police and Criminal Evidence Act 1984Police and Criminal Evidence Act 1984The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
.
Under section 76, following a representation by the defendant or upon the court's own motion, evidence tendered by the prosecution must not be admitted if it was or may have been obtained:
- by oppression of the person who made it; or
- in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by he accused in consequence thereof.
Whether or not evidence was obtained in such circumstances will be decided by a judge sitting without a jury in a voir dire.
Oppression includes torture, inhumane and degrading treatment and the use or threat of violence. Oppression imports "some impropriety... actively applied in an inappropriate manner by the police"
Under the second limb, a judge is not to consider whether the confession made was truthful, but rather whether, under the circumstances, "whatever was said or done, was, in the circumstances existing as at the time of the confession, likely to have rendered such a confession unreliable, whether or not it may be seen subsequently - with hindsight and in the light of all the material available at trial - that it did or did not actually do so". The question of whether some action has rendered a question unreliable centers on whether it is likely to have made an innocent person confess, or even (equivalently) to have made a guilty person confess to more than their actual crime.
"Anything said or done" is not limited to the actions of the police, but does not include things said or done by the accused. However, the circumstances existing at the time do include the accused's own mental state and capacities.
Evidence tendered by a co-defendant
The court may exclude evidence under section 76A of the Police and Criminal Evidence Act 1984Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
. Following a representation by the defendant or upon the court's own motion, evidence tendered by a co-defendant of a defendant's confession must not be admitted unless the co-defendant proves on the balance of probabilities that it was not obtained:
- by oppression of the person who made it; or
- in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by he accused in consequence thereof.
Statements made in the presence of the accused
The common law rules on the admission of confessions are preserved, and apply so long as the statement was made voluntarily. Under the common law, where a statement is made in the presence of the accused, by a person with whom the accused is on even terms, upon an occasion which should be expected reasonably to call for some explanation or denial from him, the accused's acceptance of that statement, including by giving an insufficient explanation or by acquiescence. In deciding whether to put the matter to the jury, the judge should ask:(1) could a jury properly directed conclude that the defendant adopted the statement in question?
If so, (2) is that matter of sufficient relevance to justify its introduction in evidence?
If so, (3) would the admission of the evidence have such an adverse effect on the fairness of the proceedings that the judge ought not to admit it?
United States
In the 1936 case Brown v. MississippiBrown v. Mississippi
Brown v. Mississippi, 297 U.S. 278, , was a United States Supreme Court case that ruled that a defendant's involuntary confession that is extracted by police violence cannot be entered as evidence and violates the Due Process Clause....
, the United States Supreme Court ruled that convictions which are based solely upon confessions coerced by violence violate the Due Process Clause.
Italy
Confessions have been used extensively in Italy since the creation of the pentitoPentito
Pentito designates people in Italy who, formerly part of criminal or terrorist organizations, following their arrests decide to "repent" and collaborate with the judicial system to help investigations...
status. Adriano Sofri
Adriano Sofri
Adriano Sofri is an Italian intellectual, a journalist and a writer.Former leader of the autonomist movement Lotta Continua in the 1960s, he was arrested in 1988 and convicted to 22 years of prison, having been found guilty of being the instigator of the murder of Luigi Calabresi, a police...
, for example, has been given a life-sentence exclusively on the words of one pentito.