Types of Coerced Confessions

Coerced confessions, a more widespread issue than commonly believed, have been a significant factor in the wrongful convictions of individuals. Shockingly, nearly 30 percent of those later exonerated by DNA evidence in the United States had initially confessed to crimes they didn't commit, underscoring the pervasive nature of this problem.

This statistic highlights how easy it is for someone to falsely admit guilt, whether under pressure, confusion, or manipulation.

A coerced confession is an involuntary confession resulting from overbearing police conduct rather than a suspect's free will.

If you're suspected of a crime and worried about the nature or validity of a confession you may have made, remember that you still have rights. Your confession doesn't automatically mean you will be convicted. In fact, if your attorney can show that the confession was coerced, it will be inadmissible in court, providing a strong defense against a wrongful conviction.

In simple terms, a coerced confession is an involuntary confession that results from overbearing police conduct rather than a suspect's free will. It's involuntary because the confession is not a product of the accused's free choice.

Police-induced coerced confessions lead to suspects confessing to crimes they did not commit. State and federal courts typically exclude evidence of involuntary confessions. Inadmissibility is connected to the Due Process Clause of the Fourteenth Amendment and state laws.

There are other constitutional guarantees against coerced confessions, such as the Fifth Amendment right against self-incrimination and the Sixth Amendment right to counsel. If unchallenged, however, coerced confessions can lead to misdemeanor or felony charges. Criminal law acknowledges different types of false confessions, such as:

Voluntary false confessions,
Compliant false confessions, and
Persuaded false confessions.

Police Interrogation Techniques

Understanding the coercive tactics used during police interrogations is crucial. These include physical abuse and psychological abuse, which are sometimes used to elicit confessions.

Suspects may confess to a crime that they did not commit because they do so as part of a guilty plea, they act in response to police lies, or they simply wear down and want to end an aggressive interrogation.

A plea bargain occurs when a defendant pleads guilty to a lesser offense and receives a reduction of charges and a more lenient sentence in return. A defendant may confess to enter a plea and gain the benefits of a more relaxed sentence.

Notably, while questionable, the police are allowed to use deception, persuasion, and befriend a suspect. Deception and persuasion are allowed, so long as the tactics do not proximately cause a confession. For example, officers may say they have DNA evidence that implicates a defendant in a crime, but they do not actually have this incriminating evidence.

Sometimes the police unlawfully try to coerce a confession with physical abuse. Psychological abuse occurs when the authorities try to get a confession by using mental tricks or emotional ploys. Some examples include threats of a harsher penalty if they do not confess, and promises of leniency if they confess.

Police also engage in psychological abuse when they try to wear an accused down using deprivation of sleep, water, and food, and unrelenting interrogation. This can be particularly damaging for juvenile offenders and people with cognitive or developmental disabilities, who are more susceptible to psychological tricks.

Criminal defense attorneys play a crucial role in cases involving coerced confessions. They not only prevent false confessions but also ensure that the false and coerced confessions are not admitted into evidence, providing a sense of reassurance and confidence in the legal system.

What Constitutes a Coerced Confession?

As noted above, a coerced confession occurs when someone admits to a crime, not because they are guilty, but due to undue pressure, threats, or psychological tactics.

California law deems such confessions inadmissible in court if they are obtained through coercion, as they undermine the integrity of the justice system. Coercion can take many forms. Police officers may explicitly threaten harm, promise leniency, or manipulate a suspect's emotions to elicit a confession.

Other times, the pressure is more subtle but equally damaging, such as prolonged interrogations or presenting fabricated evidence. Regardless of the method, a coerced confession does not reflect the truth.

Coerced false confessions generally fall into three categories: voluntary, compliant, and coerced. Each type presents unique challenges and requires a different approach to prevention and address.

Voluntary False Confession

A voluntary false confession occurs when someone freely admits to a crime with little or no external pressure from law enforcement. Most of these confessions stem from some form of mental illness or psychological disorder. People may confess falsely in these situations for a number of reasons, including:

Distorted sense of reality: Some people may come to believe they committed a crime, even if there is no factual basis.
Desire for attention or notoriety: High-profile cases, in particular, tend to bring out individuals who, for personal reasons, seek attention and admit to crimes they didn't commit.
Guilt or compulsion: Some people might feel an unrelated guilt or sense of responsibility and believe confessing will alleviate that burden.

Not all voluntary false confessions stem from mental illness, however. In some cases, for example, a lucid person might falsely confess to a crime to protect someone else.

Compliant False Confession

Compliant false confessions arise when a suspect admits to a crime because of pressure, fear, or exhaustion rather than a genuine sense of guilt. These confessions are often the result of aggressive interrogation tactics, such as:

Prolonged questioning,
Sleep deprivation, or
Implicit threats of harsher penalties for non-cooperation.

Imagine being interrogated for hours on end, with officers insisting that confessing is your only way out. Over time, the stress can overwhelm even the most resilient person. Police may also exploit a suspect's emotions or vulnerabilities.

For example, officers might suggest that confessing will lead to leniency, such as reduced charges or quicker release, even though they lack the authority to guarantee such outcomes.

Some individuals, fearing continued confrontation or hoping to avoid harsher consequences, comply with law enforcement's demands and admit responsibility-even if they had no part in the crime.

Persuaded False Confession

A persuaded false confession occurs when a suspect becomes convinced they might be guilty, even if they initially believed themselves innocent. This often happens during intensive interrogations that undermine their confidence in their memory or perception of events.

Police may use techniques like presenting false evidence, such as fabricated eyewitness accounts, invalid test results, or staged photos that seem to place the suspect at the scene. Over time, this manipulative environment can sow doubt in the suspect's mind, particularly if they cannot recall their whereabouts or actions in detail.

For instance, imagine a suspect who honestly believes they were not involved in a crime but cannot fully account for a specific period.

Interrogators might suggest alternate narratives, such as that the suspect committed the act unknowingly or blocked out the memory due to trauma. Under these circumstances, the suspect may come to doubt their innocence and accept the police's version of events, leading to a confession they later regret.

What If Police Coerce a Confession?

The United States and California state constitutions, and court opinions all say that coerced confessions are inadmissible at trial. Involuntary confessions are prohibited by the federal constitution's Due Process Clause and similar state statutes. The U.S. Supreme Court has ruled that a

A coerced confession is inadmissible in the criminal justice system, and it stands true even if the confession is true. In order for a confession to be held admissible at trial, the district attorney must prove that it was voluntarily given, and do so by a preponderance of the evidence.

A court considers all of the facts surrounding a confession to determine whether it was voluntary, known as the "totality of the circumstances" test.

No Guaranteed Conviction

While a coerced confession can feel like an insurmountable hurdle, it's important to remember that a false confession does not automatically equal guilt.

California courts are increasingly aware of the tactics used to elicit these admissions, and skilled California criminal defense attorneys are well-equipped to challenge the validity of such confessions. You need a lawyer during police interrogations.

If an involuntary confession was given, a defense attorney can file a suppression motion seeking to exclude it from evidence. A seasoned attorney can examine the circumstances of your interrogation, establish whether coercive tactics were employed, and work to have the confession excluded from evidence.

A defense lawyer can help prevent a coerced confession. If a suspect is subject to police questioning, they must exercise their Miranda rights. This means that the suspect must refuse to answer any questions until they have the opportunity to speak to a criminal defense attorney.

Every suspect has the right to speak with a lawyer before answering any questions asked by police. The exercise of this right can help stop questioning and reduce the risk of giving a false confession. A defense lawyer might also present alternative evidence that reinforces your innocence or highlights inconsistencies in the prosecution's case.

For additional information, contact our criminal defense law firm, located in Los Angeles, California.

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