False Confessions in Criminal Law

False confessions have complicated legal implications within the criminal justice system. A false confession is not only misleading to the court but it is a miscarriage of justice. There are different scenarios under which a false confession can arise ranging from voluntary false confessions to police induced false confessions.

There are multiple different types of false confessions including, coerced compliant confessions, disputed confessions, psychological coercion, etc. No matter the type, false confessions create difficult situations that can lead to wrongful convictions, disputed confession cases and challenges with pretrial reliability hearings.

Confessions can be elicited in many different ways however they must fall within appropriate police interrogation guidelines to avoid the confession being called into question. The pressure of being at the police station can be enough in many instances for pressure to get the best of people.

If you have made a false confession, legal advice obtained early is preferable. Jameson Law have a team of expert criminal lawyers ready and willing to assist you as required.

Reasons For False Confessions

Police Interrogation

It is not uncommon for the pressure of police interrogations to result in an individual making a false confession. This can be for a number of reasons however all have complicated legal implications. If an individual is found to have made a false statement then they can be charged accordingly and face criminal charges. Making a false statement is a means of obstructing justice.

Police purposefully use interrogation methods designed to shake a version of the truth loose. A police detective will then use the information to create a theory or narrative. The process is often referred to as interrogation pressure.

Interrogations are subject to rules and guidelines which govern how information is gathered. It is not appropriate for police to interrogate an individual without first providing them with their rights or allowing access to legal representation.

Drug And Alcohol-Related Confessions

It is widely understood that drugs and alcohol can affect an individuals actions and statements. It is not appropriate for an individual to be interrogated or questioned in a formal capacity if they are under the influence in any way or suffering drug or alcohol withdrawal. Any statement made formally in this state will be classed as inadmissible before the court because the statement is not reliable.

If a suspect is under the influence of drugs and alcohol they can be held in custody until such time as the substance has cleared their system. They can then be interrogated once they are sober so that there is no risk of the confessor’s innocence being called into question. In reality, only a small number of cases result in authority figures going outside their ethical and legal bounds.

Mental Health

There are serious concerns at times about the tactics used in interrogations with people who have diagnosed mental illness or limited intellectual intelligence. Vulnerable suspects can often more easily become overwhelmed with the interrogation process resulting in false confessions to try and escape the environment. It often takes a mentally strong individual to withstand interrogation pressure.

In all situations, interrogation techniques used on criminal suspects are not meant to prey on their vulnerabilities. It is important for authority figures not to be seen abusing their power. In these circumstances, even if a suspect confessed that the crime occurred the confession can be tainted almost solely due to the improper interrogation.

Consequences Of False Confessions

Wrongful Conviction

If someone has falsely confessed to a crime and is wrongfully convicted as a result then the legal implications can be extreme. In some countries, people can be placed on death row as a result of a criminal conviction and if this comes off the back of a false confession then not only is the truly guilty party getting away with the crime, but an innocent person is paying the price.

For example, postconviction DNA evidence or further crime scene analysis has been found in cases which completely exonerates false confessors. It could have been physically impossible for the individual to have committed the crime and yet, due to them falsely confessing there was no need to have looked any further at the time.

A wrongful conviction is a black mark against the justice system as it highlights flaws which the system needs to overcome whether those flaws be procedural.

Further Criminal Offences

Providing documented false confessions can result in further criminal charges being placed against you. False confessions are a form of perverted justice as it is an intentional means of misleading the police and the court.

If a false confession made by an individual results in false evidence being put before the court which results in a wrongful conviction then serious criminal charges, including obstruction of justice, can be made. These charges or evidence can then be used to exonerate innocent prisoners.