Difference between revisions of "False Confessions / Admissions"

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This excerpt from Garrett's interrogation illustrates how interrogator's can railroad a suspect into believing they committed the crime.
 
This excerpt from Garrett's interrogation illustrates how interrogator's can railroad a suspect into believing they committed the crime.
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== Defense Attorney Tips ==
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'''Client Interview:'''
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The most important step for a defense lawyer is to interview your client.  Always, always interview your client!  Learn the details of your client's history; ask about medical history, any mental health issues and educational history. 
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Remember to approach your client as a confidant.  Ask them to tell you what happened and what they remember.  Do not confront them with the confession and ask them if it is true.  It is important to get a statement of what they remember about the incident before asking them to corroborate a prior statement. 
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Next talk to your client about the interrogation, especially if you are unable to obtain a recording.  Ask how the police treated him, what happened, what he was told about the evidence and so on.  Ask him if anything was promised to him in exchange for the confession; this is an important element of coerced confessions.  Often the police promise to go easier on the suspect if they confess, without any real promises made. 
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'''Pre-Trial Steps:'''
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The defense should try to obtain experts for false confessions if at all possible. However, this is not always feasible.  In the event that experts are not available, remember to use the resources that you have.  Direct and cross examination of witnesses, your client, and investigators can be invaluable.
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The defense lawyer should bring a pre-trial motion to suppress in every confession case, even if you are sure it will be denied.  Remember to emphasize any evidence of lengthy detention and interrogation, repeated interrogation sessions, deprivations of food, sleep or friends and family; failing to inform or misleading the suspect as to his rights and false allegations by the police.
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Again, always remember to interview all parties involved in the case! 
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'''Trial:'''
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Opening Statement: Establish False Confession
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Photographic Exhibits
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Cross-Examine Detectives/ Interrogators
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Put Client on the Stand to tell their Story
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At trial, begin establishing a false confession during the opening statement.  Use photographic exhibits to emphasize the length and circumstances of the interrogation.  Use the opening statement as an opportunity to illustrate how the circumstances of the interrogation could have led the client to make a false confession, but remember you are only supposed to be laying out what will be heard at trial, not arguing.  Try to recreate the interrogation for the jury, bring photographs of the room and create a timeline of the length.  Most importantly use what you have learned from interviews to effectively cross examine the prosecution's witnesses.  Then put your client on the stand and let them tell their story.  Remember you are trying to convince the jury that your innocent client was overcome by police tactics to the extent that your client confessed to a crime he did not commit.
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'''Final Thoughts:'''
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Understand the elements leading to false confessions
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Recorded Interrogations
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Follow-up Investigation
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The most effective means of combating false confession is simply understanding how they work.  Having a working knowledge of the elements and practices leading to false confessions is crucial to being able to combat against them.  Thoroughly investigating any client confession is a fundamental step for every good defense attorney.  Generally the best way to investigate is by obtaining recordings of the interrogation.  However, not every country records interrogations. 
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In the future, every country will hopefully work towards recording interrogations.  Video recordings both decrease the likelihood of false confessions and increase the validity of a confession. By rendering the interrogation process transparent, police lose any leverage to coerce innocent suspects. 
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Revision as of 10:29, 16 June 2010