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A voluntary false confession figures prominently in my new book — http://www.amazon.com/The-Duke-Wellington-Kidnapped-Incredible/dp/1619025914
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Last week I testified as a false confessions expert in both the District of Columbia and Tucson, Arizona. (In DC, the defendant was acquitted.)
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Attorneys often ask me about the admissibility of expert testimony on false confessions. The short answer is that it depends on the judge and jurisdiction, but such testimony is increasingly deemed admissible. I personally have been qualified as a false confessions expert in a dozen states.
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A new biography of Thurgood Marshall describes his testimony at his confirmation hearing. When a senator asked how Miranda could apply in cases where defendants confessed voluntarily, Marshall replied, “I tried a case in Oklahoma where the man ‘voluntarily’ confessed after he was beaten up for six days.” Of course, these days confessions are rarely
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Julie Seaman is author of an important op-ed in today’s New York Times, titled “When Innocence Is No Defense.” The article discusses how the wrongly convicted often remain incarcerated even after they are exonerated by DNA or other evidence. This is particularly true of people convicted based on false confessions.
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As noted in today’s New York Times (July 21), a series of unsigned Supreme Court opinions this term has made it more difficult for prisoners to challenge their convictions. Given that we’ve learned that wrongful convictions (many based on false confessions) are surprisingly widespread, this development is most unwelcome.
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Nebraska’s ban on capital punishment comes as welcome news. There have been too many innocent people (including some who gave false confessions) on death row for the death penalty to be considered acceptable.
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Last week a Connecticut court ordered the release of Richard Lapointe, who served 26 years for a crime he probably didn’t commit. Lapointe gave what appears to be a false confession after an interrogation that lasted over nine hours. His release was based on a finding of prosecutorial misconduct, and the state could choose to
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A New York Times article (2/27) on a man’s challenge to a confession he gave in 1991 is cause to reflect on progress made in protecting against false confessions. The article notes that the man’s interrogation was not recorded. These days, interrogations are increasingly recorded. The article also notes that the man’s efforts to reopen
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Yesterday the U.S. Supreme Court unanimously struck down state bans on prisoners growing beards. While not directly related to false confessions, this decision is welcome. Policies dictating more humane treatment of persons held in custody (whether prisoners or suspects) will, in the long run, modify the mindset and environment that contribute to false confessions.
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Truth About False Confessions 