Invalidating a police caution
28-Sep-2019 12:13
At the station, Detective Martin reads Neal his Miranda rights and Neal asks for a lawyer times.
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A coerced confession is an involuntary confession that comes from overbearing police conduct instead of a defendant's"rational intellect and free will." The incriminating statement is not a product of the suspect's free choice (whether motivated by a guilty conscience or something else).
It is manipulated out of the suspect by police tactics ranging from outright physical abuse to insidious psychological gamesmanship designed to bully, intimidate, confuse, cajole and exhaust.
Deception, exhortations and"befriending" So far we've talked about impermissible police interrogation techniques. Deception As a society, we generally don't condone lying - whether during a legal process or in our personal and professional relationships.
Yet deception is allowed during a police interrogation so long as the subterfuge does not proximately result in a confession, tend to produce a false confession or constitute overbearing conduct within the larger scheme of things."Lies told by the police to a suspect under questioning can affect the voluntariness of an ensuing confession," the California Supreme Court explained in a 1998 death penalty case, "but they are not per se sufficient to make it involuntary." In that case, cops falsely told the suspect that his fingerprints had been found on the victim.: A murder is committed outside a fast-food restaurant early one morning.It was only after the cops got around to testing DNA evidence that they finally conceded they had Coerced, involuntary and false confessions turn fair judicial process upside down and in the most extreme cases lead to wrongful conviction and grave injustice.
