Difference between revisions of "Confessions"
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== Background == | == Background == | ||
| − | Confessions that are obtained from defendants | + | Confessions that are obtained from defendants through torture, psychological duress, coercion or by any other non-voluntary method should be inadmissible as evidence against the defendant. |
== Examples of standards for the admissibility of confessions== | == Examples of standards for the admissibility of confessions== | ||
* INDIA - No confession made to a police officer is valid as evidence at a trial. All confessions must be made to a Magistrate not below the rank of Judicial Magistrate. The Magistrate taking the confessions must give the accused due time out of the custody of the police, and make an effort to ensure that the accused was not coerced or intimidated in anyway, before receivint the confession. At the bottom of the confession the Magistrate must write out that he has informed the accused that this confession may be used against him and he is not obligated in any way to imcriminate himself (India Criminal Procedure Code Section 51). | * INDIA - No confession made to a police officer is valid as evidence at a trial. All confessions must be made to a Magistrate not below the rank of Judicial Magistrate. The Magistrate taking the confessions must give the accused due time out of the custody of the police, and make an effort to ensure that the accused was not coerced or intimidated in anyway, before receivint the confession. At the bottom of the confession the Magistrate must write out that he has informed the accused that this confession may be used against him and he is not obligated in any way to imcriminate himself (India Criminal Procedure Code Section 51). | ||
Revision as of 17:17, 15 April 2010
Background
Confessions that are obtained from defendants through torture, psychological duress, coercion or by any other non-voluntary method should be inadmissible as evidence against the defendant.
Examples of standards for the admissibility of confessions
- INDIA - No confession made to a police officer is valid as evidence at a trial. All confessions must be made to a Magistrate not below the rank of Judicial Magistrate. The Magistrate taking the confessions must give the accused due time out of the custody of the police, and make an effort to ensure that the accused was not coerced or intimidated in anyway, before receivint the confession. At the bottom of the confession the Magistrate must write out that he has informed the accused that this confession may be used against him and he is not obligated in any way to imcriminate himself (India Criminal Procedure Code Section 51).
