• Share
  • Email
  • Embed
  • Like
  • Save
  • Private Content

Loading…

Flash Player 9 (or above) is needed to view presentations.
We have detected that you do not have it on your computer. To install it, go here.

Like this presentation? Why not share!

What is the false confession and how to copy

on

  • 959 views

 

Statistics

Views

Total Views
959
Views on SlideShare
959
Embed Views
0

Actions

Likes
0
Downloads
14
Comments
0

0 Embeds 0

No embeds

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    What is the false confession and how to   copy What is the false confession and how to copy Presentation Transcript

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