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What is the false confession and how to copy

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  • 1. What is the falseWhat is the false confession and how toconfession and how to deal with it?deal with it? Difficulties with false confession andDifficulties with false confession and psychological elements of thepsychological elements of the defendant in relation to it.defendant in relation to it.
  • 2. Definition of the false confessionDefinition of the false confession ► Alying suggests two ways: firstly thoseng suggests two ways: firstly those who are totally innocent of the crime they areare totally innocent of the crime they are alleged to have committed though very few,alleged to have committed though very few, and secondly those are involved in theand secondly those are involved in the allegedalleged offence but overstated theirbut overstated their involvement.involvement. ► Ofshe statesOfshe states confession is consideredconfession is considered false if it is elicited in response to afalse if it is elicited in response to a demand for a confession and is eitherdemand for a confession and is either intentionally fabricated or is not based onintentionally fabricated or is not based on actual knowledge of the facts that fromknowledge of the facts that from it’s content.it’s content.
  • 3. Main issues of my research:Main issues of my research: ►How to discover the false confession.How to discover the false confession. ►Types of false confession.Types of false confession. ►The reasons of voluntary falseThe reasons of voluntary false confession.confession. ►Problems associated with voluntaryProblems associated with voluntary false confession.false confession. ►Defendant’s psychological condition inDefendant’s psychological condition in relation to false confession.relation to false confession. ►Exclusion of this evidence.Exclusion of this evidence.
  • 4. Wide-ranging views of the legalWide-ranging views of the legal academics on the subject matter:academics on the subject matter: ► Gudjonsson G., The psychology of falseGudjonsson G., The psychology of false confession: research and theoretical issues,confession: research and theoretical issues, Chapter 8 of the psychology ofChapter 8 of the psychology of interrogations, confession and testimony,interrogations, confession and testimony, (1992).(1992). ► Ashworth A., Should the police be allowed toAshworth A., Should the police be allowed to use deceptive practices? L.Q.R. 1998,use deceptive practices? L.Q.R. 1998, 114(Jan), 108 -140.114(Jan), 108 -140. ► Eric Colvin, Convicting the innocent: aEric Colvin, Convicting the innocent: a critique of theories of wrongful convictions,critique of theories of wrongful convictions, (2009).(2009). ►Hegarty, A. ‘Truth, law and official denial:Hegarty, A. ‘Truth, law and official denial: the case of Bloody Sunday’, Crim. L.F.the case of Bloody Sunday’, Crim. L.F. 2004, 15(1/2), 199-246.2004, 15(1/2), 199-246.
  • 5. How to discover false confession:How to discover false confession: ► Discovery that no crime has been committed (e.g. victimDiscovery that no crime has been committed (e.g. victim still alive).still alive). ► New forensic evidence, including improved DNA testingNew forensic evidence, including improved DNA testing capabilities.capabilities. ► New alibi evidence.New alibi evidence. ► Newly discovered medical evidence which would haveNewly discovered medical evidence which would have made it impossible for the person to have committed themade it impossible for the person to have committed the crime.crime. ► Somebody else confesses and is convicted of theSomebody else confesses and is convicted of the offence.offence. ► Psychological and psychiatric evidence that casts seriousPsychological and psychiatric evidence that casts serious doubts on the veracity of the confession.doubts on the veracity of the confession. ► A careful analysis of the post admission statement, whichA careful analysis of the post admission statement, which reveals striking errors and omissions, rendering thereveals striking errors and omissions, rendering the confession unconvincing and inherently improbable.confession unconvincing and inherently improbable.
  • 6. Types of false confession:Types of false confession: ►Voluntary false confession.Voluntary false confession. ►Coerced-compliant false confession:Coerced-compliant false confession: it is made just because of externalit is made just because of external reasons (i.e. police interrogation).reasons (i.e. police interrogation). ►Coerced-internalized false confession:Coerced-internalized false confession: it is made because of defendant’sit is made because of defendant’s internal reasons (i.e. mentalinternal reasons (i.e. mental condition).condition).
  • 7. Reasons of voluntary falseReasons of voluntary false confession:confession: ► The defendant has pathological need toThe defendant has pathological need to become infamous, even if he hasbecome infamous, even if he has knowledge about the prospect ofknowledge about the prospect of punishment, including imprisonment.punishment, including imprisonment. ► An unconscious need to expiate guilt viaAn unconscious need to expiate guilt via self-punishment.self-punishment. ► Inability to distinguish between real eventsInability to distinguish between real events and events that originate in thinking,and events that originate in thinking, imagination or planning.imagination or planning. ► A desire to aid and protect the realA desire to aid and protect the real criminal.criminal. ► The hope for a commendation of leniency.The hope for a commendation of leniency. ► In order to take revenge on anotherIn order to take revenge on another person.person.
  • 8. Legal basis of the argument:Legal basis of the argument: ►R v Hodgson [2009] EWCA Crim 490.R v Hodgson [2009] EWCA Crim 490. ►R v Stone (Michael John) [2005]R v Stone (Michael John) [2005] EWCA Crim 105.EWCA Crim 105. ►External effects on the defendant byExternal effects on the defendant by police.police. ►Internal effects on the defendant.Internal effects on the defendant.
  • 9. The ways to exclude the falseThe ways to exclude the false confession:confession: ►S.76(2) (a) and (b) Police andS.76(2) (a) and (b) Police and Criminal Evidence Act 1984.Criminal Evidence Act 1984. ►S.78 Police and Criminal Evidence ActS.78 Police and Criminal Evidence Act 1984.1984. ►Code C Police and Criminal EvidenceCode C Police and Criminal Evidence Act 1984.Act 1984.
  • 10. Police and Criminal EvidencePolice and Criminal Evidence Act 1984Act 1984 ►S.76(2)(a): If the confession isS.76(2)(a): If the confession is obtained by oppression, it must beobtained by oppression, it must be excluded.excluded. ►S.76(2)(b): It the confession is madeS.76(2)(b): It the confession is made in consequences of something said orin consequences of something said or done, it must be excluded.done, it must be excluded. ►S.78(1): The evidence on which theS.78(1): The evidence on which the prosecution proposes to rely ought toprosecution proposes to rely ought to be excluded, if it affects the fairness ofbe excluded, if it affects the fairness of the proceeding.the proceeding.
  • 11. My suggestions on that matter:My suggestions on that matter: ►Psychologists’ report on thePsychologists’ report on the defendant.defendant. ►Proper application of relevantProper application of relevant statutory law to exclude that evidence.statutory law to exclude that evidence. ►Should Parliament enact law in orderShould Parliament enact law in order to exclude voluntary false confession?to exclude voluntary false confession?
  • 12. Bibliography:Bibliography: CASESCASES:: ► R v Hodgson [2009] EWCA Crim 490.R v Hodgson [2009] EWCA Crim 490. ► R v Raghip and Others (1991), The Times, 9 December.R v Raghip and Others (1991), The Times, 9 December. ► R v Turner [1975], QB 834.R v Turner [1975], QB 834. ► R v Stone (Michael John) [2005] EWCA Crim 105.R v Stone (Michael John) [2005] EWCA Crim 105. ► R v O’Connor (1987) 85 Cr App R 298.R v O’Connor (1987) 85 Cr App R 298. ► R v Chalkley and Jeffries [1998] 2 All ER 155.R v Chalkley and Jeffries [1998] 2 All ER 155. LEGISLATIONLEGISLATION:: ► Section 76(2) (a) Police and Criminal Evidence Act 1984.Section 76(2) (a) Police and Criminal Evidence Act 1984. ► Section 76(2) (b) Police and Criminal Evidence Act 1984.Section 76(2) (b) Police and Criminal Evidence Act 1984. ► Section 78 Police and Criminal Evidence Act 1984.Section 78 Police and Criminal Evidence Act 1984. ► Code C. Police and Criminal Evidence Act 1984.Code C. Police and Criminal Evidence Act 1984.
  • 13. SECONDARY SOURCESSECONDARY SOURCES:: ► Allen, C. Practical Guide to Evidence, 4Allen, C. Practical Guide to Evidence, 4thth edition, 2008.edition, 2008. ► Dennis, I. The Law of Evidence, 3Dennis, I. The Law of Evidence, 3rdrd edition, 2007.edition, 2007. ► Keane, A, ‘Modern Law of Evidence’, (2006).Keane, A, ‘Modern Law of Evidence’, (2006). ► Gudjonsson, G. “The psychology of false confession:Gudjonsson, G. “The psychology of false confession: research and theoretical issues”, Chapter 8 of theresearch and theoretical issues”, Chapter 8 of the psychology of interrogations, confession and testimony,psychology of interrogations, confession and testimony, (1992).(1992). ► Ashworth, A. “Should the police be allowed to useAshworth, A. “Should the police be allowed to use deceptive practices?” L.Q.R. 1998, 114(Jan), 108 -140.deceptive practices?” L.Q.R. 1998, 114(Jan), 108 -140. ► Dr G. Gudjonsson, “The psychology of false confession”,Dr G. Gudjonsson, “The psychology of false confession”, N.L.J. 1992, 142(6568), 1277-1278.N.L.J. 1992, 142(6568), 1277-1278. ► Colvin, E. “Convicting the innocent: a critique of theories ofColvin, E. “Convicting the innocent: a critique of theories of wrongful convictions”, Crim. L.F., 20(2), 173-192.wrongful convictions”, Crim. L.F., 20(2), 173-192. ► Mirfield, P. “Expert evidence and unreliable confession”,Mirfield, P. “Expert evidence and unreliable confession”, L.Q.R. 1992, 108(Oct), 528-534.L.Q.R. 1992, 108(Oct), 528-534.

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