Involuntary Confession

Involuntary Confession

An admission, especially by an individual who has been accused of a crime, that is not freely offered but rather is precipitated by a threat, fear, torture, or a promise.

The criminal justice system relies on confessions by defendants to help prove guilt at trial or to induce a guilty plea. police interrogation of suspects has long been a controversial area of U.S. Criminal Procedure, as critics charge that coercion and trickery have unfairly and unconstitutionally led to involuntary confessions. The Fifth Amendment grants a suspect the Privilege against Self-Incrimination, yet many suspects confess anyway. Because questioning of suspects takes place behind station house doors, little empirical evidence is available to document what usually occurs in a police interrogation.

The 1931 federal Wickersham Commission looked at police practices throughout the United States. This commission raised the issue of coercive interrogations, coining the term the third degree to describe physical and mental abuse inflicted on suspects during questioning. From 1936 to the early 1960s, the U.S. Supreme Court dealt with confessions admitted in state criminal proceedings in terms of the fundamental fairness required by the Fourteenth Amendment's due process clause. The Court used a "voluntariness" test, which depended on the "totality of the circumstances," to determine whether a confession must be excluded from evidence. This approach became difficult to administer, as it called on courts to find and appraise all relevant facts for each case.

Legal debate over the validity of confessions gained momentum in the 1960s, as the U.S. Supreme Court took a hard look at the constitutionality of criminal procedure. In escobedo v. illinois, 378 U.S. 478, 84 S. Ct. 1758, 12 L. Ed. 2d 977 (1964), Justice arthur j. goldberg stated that "a system of Criminal Law enforcement which comes to depend on the 'confession' will, in the long run, be less reliable and more subject to abuses than a system which depends on extrinsic evidence independently secured through skillful investigation." In Escobedo the defendant's confession was suppressed because it was obtained in violation of his Right to Counsel at the time of interrogation.

In 1966 the Supreme Court set out the Miranda warnings (miranda v. arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 1694), which the police must communicate to a person who is placed in their custody. The warnings cover the right to remain silent, the fact that anything said can and will be used against the individual in court, the right to have a lawyer during interrogation, the right to have an attorney appointed if the individual cannot afford one, and the right to exercise the privilege against Self-Incrimination at any time during interrogation. These warnings provide basic avenues of inquiry for a court evaluating the "voluntariness" of a confession.

Miranda has been criticized by those who see it as an unfair restriction on law enforcement. Nevertheless, empirical studies conducted in the 1970s and 1980s have concluded that the Miranda warnings have not appreciably reduced the amount of talking by suspects, and police officers obtain about as many confessions now as they did before Miranda.

Yet the protection afforded to suspects by Miranda can be illusory. Police officers may sometimes give the required warnings but then engage in tactics that could make the confession involuntary. It is clear, however, that if police officers use interrogation practices that in the view of a court violate basic notions of human dignity, a confession produced from these practices will be judged involuntary. Physical violence, threats of violence, prolonged isolation, deceit, and trickery are some tactics that may render a confession involuntary, even when no danger exists that the confession is untrue. A defendant's age, state of health, mental condition, and intelligence are also relevant factors. The more vulnerable a defendant is, the more likely a court is to find certain interrogation practices abusive, leading to the conclusion that the confession was involuntary.

Each possibly relevant factor must be evaluated in the context of each specific case. For example, no absolute rule exists that police trickery of a defendant will render a confession involuntary. However, if a defendant is particularly youthful and ignorant, such trickery may be an important factor inducing a court to find a confession involuntary.

Further readings

Friedman, Lawrence M. 1993. Crime and Punishment in American History. New York: Basic Books.

O'Neill, Timothy. 2002. "Ruling is Stong Shield on 'Involuntary' Confession." Chicago Daily Law Bulletin 148 (December 20): 6.

White, Welsh S. 1998. "What Is an Involuntary Confession Now?" Rutgers Law Review 50 (summer): 2001–57.

Cross-references

Custodial Interrogation; Due Process of Law.

References in periodicals archive ?
The due process clause of the Fourteenth Amendment to the United States Constitution bars the use of an involuntary confession against a criminal defendant.
Mississippi, the prohibition against the prosecution's use of a defendant's involuntary confession has been a bedrock principle of criminal procedure in America.
8) Courts believed that admitting an involuntary confession violated the defendant's fundamental Fifth and Fourteenth Amendment rights.
532, 542, 565 (1897) (holding an admission made during police interrogation inadmissible under both the involuntary confession doctrine and the Fifth Amendment self-incrimination privilege) by citing Miranda.
WORCESTER -- A judge has dismissed the city of Worcester's counterclaim in a federal lawsuit filed on behalf of a woman who was charged with her infant son's murder, based on what was later deemed an involuntary confession.
have] established the principle that the Fourteenth Amendment is grievously breached when an involuntary confession is obtained by state officers and introduced into evidence in a criminal prosecution which culminates in a conviction.
Further, I maintained that a waiver of Miranda in some instances served to sanitize an otherwise involuntary confession.
exclude a defendant's involuntary confession from his criminal
127) Nonetheless, the Court declined to challenge precedent directly and affirmed that, until the SCC says otherwise, the rule remains that so much of an involuntary confession as becomes confirmed by derivative evidence may be admissible.
Much as in a verbal confession, the producer of an involuntary confession of the flesh has a moment in which to allocate, hide, or interpret her slip before it is subjected to the scrutiny of onlookers.
The second alternative is to characterize the state's conduct in obtaining an involuntary confession as a violation of the accused's rights in the investigative process.