False confessions fall under the laws concerning criminal procedure and criminal evidence. Criminal law is the broad term for the set of laws that address behaviors that are considered to be an offense against society, the state, or the public. However, regardless of whether someone is charged with a serious or minor crime, that individual still has legal protections and legal rights.
The term criminal evidence is a legal term that is used to describe any physical or verbal evidence that is presented by the prosecution to prove that a crime was committed. It is important to note that in a criminal matter, the prosecution must prove each element of the alleged crime beyond a reasonable doubt. Criminal evidence can take many different forms and can also be introduced by the defendant to prove that they are not guilty.
In general, criminal evidence can be either verbal or physical. In the case of a defendant’s confession, that is considered verbal evidence. However, in some cases, a defendant may feel pressured into providing a confession, may not be in the right state of mind to confess, or may not understand that they are confessing to a certain crime. In these cases, a false confession may occur.
A false confession is verbal evidence that occurs when a person charged with a crime admits that they are guilty when they are not responsible for the crime. Once again, false confessions may occur through force, coercion, or as a result of the defendant not being in the right mind state. There are also many other reasons why an individual may feel compelled to give a false confession, such as confessing to a lesser crime to avoid a possible harsh criminal sentence.
What Are Examples of False Confessions?
In criminal cases, false confessions occur frequently. False confessions also present many problems during a criminal trial. For one, a confession helps easily prove the prosecution’s case against the defendant because the defendant admits to every element of the crime.
In general, false confessions may fall under one of three different categories:
- Voluntary Confessions: A voluntary confession is a false confession that is made freely without any prompting or coercion by a law enforcement officer;
- Compliant Confessions: A compliant confession is a tit for tat false confession that is given in return for a reward of some kind.
- For example, the police offering to let someone go free and clear if they admit to the crime they are being alleged to have committed would be a compliant confession; or
- Internalized Confessions: An internalized confession is a false confession that may occur when the defendant believes they are guilty of the crime, but some circumstances are causing them to think that way, such as a mental disorder, being under the influence, or highly suggestive interrogation tactics.
As mentioned above, false confessions happen regularly, and as a result, there are numerous individuals who are serving sentences for crimes that they did not commit. Because of this, numerous legal and innocence programs have utilized newer testing methods, such as DNA testing, to reopen cases and exonerate falsely convicted individuals.
Often, the testing will reveal that law enforcement’s interrogation methods or other methods were a factor in causing the false confession. There have been thousands of cases in which individuals have been exonerated by DNA evidence.
Are False Confessions Admissible in Court?
In short, it depends. If a confession is not known to be false when presented by the prosecution, then the confession may be used as verbal criminal evidence in court. However, if a confession is found to be false, such as the result of coercion, then the judge will likely strike the evidence from the record, and the false confession may not be used in court.
This is because false confessions and false evidence may not be used as criminal evidence in court. However, if the confession occurs during court, and the confessor later retracts their confession, then the confessor may face legal penalties for lying in court under oath.
Once again, any false confessions that were obtained through force or violence or were given when the defendant was not in a competent mental health state are not admissible in court. Further, whether the confession is true or not, involuntary confessions are generally inadmissible in court.
How Can Someone Confess to a Crime They Didn’t Commit?
Once again, there are numerous ways in which an individual may feel compelled to confess to a crime that they didn’t commit. Although it is difficult to understand the concept of an individual confessing to something that they did not do, the following are factors that could lead to an individual making a false confession:
- The use of force, threats, coercion, or intimidation of the defendant by law enforcement, whether while the individual was under arrest or being interrogated;
- The defendant being in a compromised mental state, such as being under the influence of drugs or alcohol, or in a panicked state
- Importantly, the defendant being young may also constitute a compromised state, as they may not understand what the law enforcement officer is asking them and may be more vulnerable to making a false confession;
- The defendant having a mental health illness that makes them more vulnerable and willing to provide a false confession; or
- Fear by the defendant that if they don’t confess to a lesser crime that they will be sentenced for a harsher crime that has severe penalties.
What Are the Ways to Prove a Confession is False?
There are many ways in which the defense may seek to have a confession considered a false confession and have it stricken from the evidence and deemed inadmissible. The following is a list of other circumstantial evidence that may be used to prove that the statement made was false:
- It is found that the crime did not occur, such as by other physical or verbal evidence that is provided to the court;
- When it is established that the defendant could not have committed the crime due to impossibility, such as evidence being provided and corroborated that they were nowhere near the crime scene at the time the crime was allegedly committed;
- When the true perpetrator of the crime comes forward or is otherwise identified and found guilty; or
- When other circumstantial evidence, such as DNA evidence, can prove that the evidence does not link the individual to the crime.
Who Are Vulnerable Suspects?
Once again, most false confession cases occur because the suspect is vulnerable. Examples of vulnerable suspects include, but are not limited to:
- Particularly young or old suspects that are unable to fully understand their situation as a result of being developmentally or cognitively impaired;
- Individuals with high anxiety, low self-esteem, or other traits that make them more vulnerable to the pressures of a suggestive interrogation;
- Individuals with mental health issues;
- Individuals who were under the influence of a drug at the time the confession was made;
- Individuals who lack a sufficient education or intelligence to understand the implications of their answers fully; or
- Individuals who may have fear from an outside party to confess to a crime or suffer the risk of harm from that outside party.
Once again, numerous individuals may not grasp the long-term consequences of confessing. When forceful or coercive interrogation tactics are used, a false confession may occur.
What Happens If a Person is Caught Making a False Confession?
Once again, it is sometimes hard to detect when a false confession has been made. Both the prosecution and defense, along with the court itself, employ various mechanisms to ensure that a false confession does not occur. However, if a person is caught making a false confession, then they may face the following legal consequences depending on the circumstances of the case:
- The individual may be charged and found guilty of committing perjury;
- The individual may be charged and found guilty of lying to a police officer; and/or
- The individual may be held in contempt of court if the false confession occurs in court and causes a disruption in the court proceedings.
If a false confession occurs in any of the above ways, then the individual who made the false confession may also be considered to have committed an obstruction of justice and receive criminal fines or face possible jail time.
Do I Need a Lawyer for False Confessions?
If you have been accused of making a false confession or have made a false confession that has resulted in you being charged with a crime you did not commit, it is important to consult with an experienced criminal lawyer immediately.
An attorney will be most familiar with your state’s specific criminal laws and how those laws may affect your legal rights and options. Additionally, your criminal defense attorney will also be able to represent you in court as needed.
