Difference between revisions of "False Confessions / Admissions"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 89: Line 89:
  
  
'''Coercive Tactics'''
+
'''Coercive Tactics:'''
 
*Repeated Statements by Investigators of Client's Guilt
 
*Repeated Statements by Investigators of Client's Guilt
 
*Repeated Reminders of Memory Lapses
 
*Repeated Reminders of Memory Lapses
Line 103: Line 103:
 
As the defender, it is your responsibility to look for evidence of any coercion.  All legal defenders should be present during interrogation. If you cannot be physically present, try to obtain any recordings of the interrogation  and look for coercion.  Recordings are the best way to decrease the likelihood of false confessions.  They have been shown to decrease coercion and increase the reliability of confessions as evidence.  Be sure to listen for any prevarications by your client, such as:   
 
As the defender, it is your responsibility to look for evidence of any coercion.  All legal defenders should be present during interrogation. If you cannot be physically present, try to obtain any recordings of the interrogation  and look for coercion.  Recordings are the best way to decrease the likelihood of false confessions.  They have been shown to decrease coercion and increase the reliability of confessions as evidence.  Be sure to listen for any prevarications by your client, such as:   
  
'''Typical Prevarications'''
+
 
 +
'''Typical Prevarications:'''
 
*"I guess I must have . . ."
 
*"I guess I must have . . ."
 
*"I think I did this next . . ."
 
*"I think I did this next . . ."
Line 126: Line 127:
  
 
    
 
    
'''Edgar Garrett'''
+
'''Edgar Garrett:'''
  
 
Edgar Garrett presents another example of a false confession resulting from extreme interrogation and persuasion by the police. Garrett's 14 year old daughter, Michelle, was murdered.  After a 14-hour interrogation, Garrett confessed.  The police told him that witnesses placed him with his daughter shortly before her disappearance.  One of the officers suggested to Garrett that he could have blacked out and reminded Garrett that he had once struck Michelle while drinking.  Garrett, who had initially insisted that he hadn't seen Michelle before she disappeared, began to change his story and signed a confession.  However, his confession contradicted all the major facts of the case and the police lacked any additional evidence.  Garrett was acquitted by the jury. A partial excerpt from the transcript of his police interrogation is provided below:
 
Edgar Garrett presents another example of a false confession resulting from extreme interrogation and persuasion by the police. Garrett's 14 year old daughter, Michelle, was murdered.  After a 14-hour interrogation, Garrett confessed.  The police told him that witnesses placed him with his daughter shortly before her disappearance.  One of the officers suggested to Garrett that he could have blacked out and reminded Garrett that he had once struck Michelle while drinking.  Garrett, who had initially insisted that he hadn't seen Michelle before she disappeared, began to change his story and signed a confession.  However, his confession contradicted all the major facts of the case and the police lacked any additional evidence.  Garrett was acquitted by the jury. A partial excerpt from the transcript of his police interrogation is provided below:

Revision as of 10:32, 16 June 2010