StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Nobody downloaded yet

The Treatment and Admissibility of False Confessions as Criminal Evidence - Thesis Example

Summary
The paper "The Treatment and Admissibility of False Confessions as Criminal Evidence" discusses that the uses of electronic recording such as video and audio recording are advantageous in the criminal justice system because they promote transparency of the entire investigation process…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91.1% of users find it useful

Extract of sample "The Treatment and Admissibility of False Confessions as Criminal Evidence"

Download file to see previous pages

Although wrongful convictions of innocent citizens based on false confessions seem like an anomaly, they are a reality within the criminal justice system.

Through a literature review of the existing discourse of the law about criminal evidence across Australia, the United Kingdom, and select American jurisdictions, this paper examines the legal issues surrounding false confessions in criminal trials. Drawing on multidisciplinary sources, including the work of legal professionals, psychologists, and criminologists, this dissertation explains the role of confession evidence in criminal trials and explores why innocent people would admit to a wrong that they have not committed. The dissertation then presents the results of some notorious cases in various jurisdictions, to highlight the flaws in the criminal justice system regarding false confession laws. The thesis then aims to identify practices and safeguards to stop the admission of false confessions into court. It concludes that although such tragic mistakes in the criminal justice system are unlikely to be obliterated, more research is needed in this area, to incorporate such safeguards and remedies that aim to reduce the number of wrongful convictions, into existing criminal evidence law, regardless of jurisdictions.

I would like to acknowledge Dr. Guy Hall for supervising me in the preparation of this paper and thank him for his guidance and support. I would also like to thank Ms, the staff of the School of Law, and my family and friends for their support and encouragement.

CHAPTER 1: OVERVIEW

  • Introduction

The novelist Joyce Cary once used the image of the mosquito as a stimulus to society:

“Progress isn't done by governments or spirits, but by chaps... What keeps it moving is not a big public shoving its little foot forward, but a little mosquito biting a big public behind. If you left the world to itself, it would die of fatty degeneration in about six weeks… But God, not intending to lose a valuable pedigree hog that way, has sent the mosquito to give it exercise, fever, and the fear of death”.

This dissertation is offered in the spirit of the mosquito – there are a lot of them present, and the author seeks to be one of them, albeit probably the smallest one of them all. While this chance to provide my argument on the intriguing subject of false confessions, it is imperative to assert that this short dissertation cannot possibly do justice to all the valuable insights in the literature already surrounding the false confession issues; neither can it tie all the disparate and divergent strands neatly together.

...Download file to see next pages Read More

CHECK THESE SAMPLES OF The Treatment and Admissibility of False Confessions as Criminal Evidence

Admissibility of Confessions under PACE 1984

The paper "Admissibility of Confessions under PACE 1984" suggests that although confession statements remain exceptions to the rule against hearsay, the admissibility of confessions is now regulated by the Police and criminal evidence Act 1984 (PACE).... Section 76(2) of PACE basically provides that a confession statement may not be admitted into evidence unless the prosecution proves beyond a reasonable doubt that the statement was not obtained by oppression or as a result of 'anything said or done' which likely 'in the circumstances existing at the time' may render the confession 'unreliable'....
20 Pages (5000 words) Essay

Should Evidence Be Excluded If Obtained Improperly by the Police

"Should Evidence Be Excluded If Obtained Improperly by the Police" paper discusses the admissibility of illegally obtained evidence presented by the police authorities to the courts of justice in line with the provisions of the Police and criminal evidence Act 1984, particularly S.... On the other hand, criminal procedure as embodied in the Police and criminal evidence Act 1984 (PACE) lays down the policies as well as the.... On the other hand, criminal procedure as embodied in the Police and criminal evidence Act 1984 (PACE) lays down the policies as well as the limitations to be observed by the police that will serve as guidance to the magistrates who will handle the case....
32 Pages (8000 words) Coursework

Oral Presentation Principle of Evidence

mportant these laws are the Police and criminal evidence Act 1984, herein referred to as PACE 1984, and the Criminal Justice Act 2003 which will be the primary bases of the arguments to be laid down in this presentation.... The Police and criminal evidence Act of 1984 (PACE) (1984 c.... To understand the admissibility of the confessions and to answer other relevant issues in the case of Elizabeth and Fiona, the "Oral Presentation Principle of Evidence" paper analyzes the history, definition, and the conditions for a confession to be admissible as evidence in criminal cases....
13 Pages (3250 words) Case Study

Oral Presentation: Principle of Evidence

The essay "Oral Presentation: Principle of evidence" focuses on the critical analysis of the application on behalf of Elizabeth and Fiona, defendants in the proceedings.... It is further submitted by Defence that there are other elements of the evidence in Exhibit 1 subject to the implications of being unfairly prejudicial to a fair trial and being without true probative value.... Therefore it is submitted by the Defence that any subsequent confession evidence in Exhibit 1 is entirely prejudicial to a fair trial and again, without true probative value....
15 Pages (3750 words) Essay

Gaining Confessions

'Connor & Maher (2009) indicated that there are “four major areas of concern to address to reduce future wrongful convictions incidents: false confessions, inadequate investigations, mistaken eyewitness identification, and delayed, absent, mistaken, or improper forensic analysis” (par.... The discourse would identify the different types of confessions; delve into the relevant aspects of interrogation, and present some recommendations to prevent or minimize the possibilities of generating false confessions....
4 Pages (1000 words) Essay

Legal Acts in Criminal Case and Law Proceedings

This assignment "Legal Acts in Criminal Case and Law Proceedings" discusses criminal evidence, excluding confession evidence, the effect of s 76(4)(a) and identifies relevant statutory provisions.... In criminal evidence, the law states that any confessional statement made by a suspect before the police, and if it is not being given under any pressure is considered admissible under section 76(1).... In this case, court found the fact that there is enough danger of a confession of a false statements....
12 Pages (3000 words) Assignment

To What Extent Are Courts Prepared to Exclude Evidence Obtained Improperly during The Course of Police Interviews

The Police and criminal evidence Act have set out in section 82 of the act the definition of what would constitute a confession.... Code C of the Police and criminal evidence Act looks to ensure that the process of investigation into any criminal activity is done in a fair and proper manner; however, there is no law that is binding on the judge that will lead to the disbarring of any confession in court.... Yet the council also has the discretion to seek its inadmissibility on the grounds that it is contrary to section 78 of the Police and criminal evidence Act in a situation where the confession is allowed in court....
8 Pages (2000 words) Assignment

Evidence Admissibility of Hearsay Evidence Section

The essay "Evidence admissibility of Hearsay Evidence Section" critically analyzes the major issues on the evidence admissibility of the Hearsay evidence section.... 'Limiting instructions' given by judges to juries concerning the treatment of evidence as going solely to credit have been accurately described as constituting a 'pious fraud'.... Such a witness becomes a hearsay declarant and, following a likely objection by the council, the trial judge will have to decide whether the witness's statement will be allowed to stand as evidence....
11 Pages (2750 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us