Coerced Confessions: What You Need to Know Before Saying You’re Guilty
Author Bio: Elizabeth Roque is an in-house writer for Franklin Debt Relief. She presents information about debt relief programs, credit card debt reduction and getting out of debt on a variety of financial sites online.
Confessing you did something wrong, regardless if you did or you didn’t while you’re under criminal suspect is one of the worst choices you could possibly make when trying to prove you’re innocent or your crime is lesser than it seems. Confessions mean that you will likely have an unsuccessful defense and this suffer the full penalty of the law. But in some cases, a confession could have been coerced from you and in that case, a defense attorney can help you exercise your rights.
How Could Someone Get a Coerced Confession?
There are many ways a police officer can get information and confessions out of you that you wish not to give. If a threat is made against your family, such as a threat that your children may be taken away or the government benefits supporting them will end if you do not confess, you are not held responsible if you tell them you are guilty, as such threats invalidate the confession. If an existing relationship exists between you and the officer, this can also invalidate a confession as a deal might have been made to prevent the officer from losing his or her job.
There are also other factors in a coerced confession, such as sobriety and mental illness that can factor into a confession’s validity, but the mental state of a defendant does not always entitle him or her to a coerced confession status unless you are in some way injured or unable to figure out what is going on.
However, police are allowed to exaggerate, hint, and in some cases outright lie about the evidence they have to force a suspect’s cooperation with a promise they will inform the prosecutor you worked with the officers instead of refusing cooperation. Even if the officer lies to you directly, your confession will not be invalidated.
Because of the Constitution a court may not consider whether a confession is truthful based on its likeliness, but under common law a confession is invalidated if it is acquired under certain circumstances that would likely make it reliable, such as stressful situations and drug abuse. All or at least most of these rules also apply to private confessions made to individuals as well as to cops.
Make sure if you have any further questions that you consult a professional, as being informed is your beat weapon against anything an officer may try to force you into.