Palazzo Law Firm
Free Consultation:
504-433-1442

4 hallmarks of a coerced confession

According to the Cornell University Law School, confessions that are wrongly elicited by police are a leading cause of false convictions. People who are charged with a crime or believed to have information regarding one are typically interrogated as a part of the investigation. Though it is routine for law enforcement officials to coax subjects to reveal details, when coaxing becomes coercion, there are bigger problems to think of. The following four criteria could be indications that a confession has been given under coercive circumstances.

1. You were not aware of your rights

The Miranda rights were drafted and established in 1966 to protect persons being arrested or interrogated by law enforcement. It serves to inform such individuals that they are free to remain silent throughout direct questioning. Any subject who is not informed of this may be providing information that is both unreliable and obtained under coercion. A true confession is made with full knowledge of one's rights.

2. Investigators have lied excessively

Investigators are permitted to lie to subjects during an investigation. They may misrepresent the situation, make claims that are untrue and indicate evidence exists when it does not. Typically, a law enforcement official may lie regarding the details of the case, but he or she may not lie regarding court proceedings or greater legal factors. Doing so crosses the line and constitutes coercion that may make a confession inadmissible.

3. Confession was made under duress

Despite the inhumane conditions you might see in movie investigations, subjects in the United States should expect to receive fair and reasonable treatment when they are in custody and under investigation. Duress can negate a confession, however, and take a form as extreme as torture or as small as a procedural violation. Neglected health conditions, too, can create an environment of duress that will complicate any confession that is made and potentially invalidate it.

4. Defendant was threatened or incentivized

Another of the most common events leading to a false confession is an untrue promise or implication made by law enforcement that a confession will result in better treatment, lessened consequences or downgraded charges. Alternately, a law enforcement official may tell a subject that she or he will be punished, hurt or otherwise harmed if a confession isn't made. Both of these tactics constitute coercion.

Anybody who has been interrogated is entitled to fair and legal treatment by law enforcement. If you have experienced treatment you felt was coercive, contacting an attorney may be your next best step.

No Comments

Leave a comment
Comment Information
REQUEST A FREE CONSULTATION NOW

Find Out How We Help Our Family

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

REQUEST A FREE CONSULTATION
Review Us

Contact

Palazzo Law Firm
732 Behrman Hwy.
Suites F & G
Gretna, LA 70056

Toll Free: 877-433-1442
Phone: 504-433-1442
Fax: 504-433-9111
Gretna Law Office Map