Confession

Definition of Confession

Note: See a more comprehensive approach to the Confession legal concept in the American Law Encyclopedia

An admission of guilt by a person accused of a crime. A confession is the most extreme form of self-incrimination. Accordingly, if a confession is to be admissible as evidence in a criminal proceeding, it must be freely and voluntarily given. Clearly, physical coercion is an unacceptable means of obtaining a confession. Neither may a confession be induced by promise or deception. Aside from the inhumane character of coercive methods, the confessions obtained by such means are likely to be unreliable.

See Also

Assistance of Counsel (Law of the United States) Self-Incrimination (Law of the United States).

Resources

Confession Related Resources

• Confession in the United States Legal Encyclopedia
• Criminal Judicial Process Keywords in the United States Legal Encyclopedia
• Criminal Process Keywords in the International Legal Dictionary

Notes

• “Confession”, The American Law Dictionary, 1991, California

Confession

In the Past

The voluntary declaration made by a person who has committed a crime or misdemeanor, to another, of the agency or participation which he had in the same.

Developments

When made without bias or improper influence, confessions are admissible in evidence, as the highest and most satisfactory proof: because it is fairly presumed that no man would make such a confession against himself, if the facts confessed were not true but they are excluded, if liable to the of having been unfairly geted.

Details

Confessions should be received with great caution, as they are liable to many objections. There is danger of error from the misapprehension of witnesses, the misuse of words, the failure of a party to express his own meaning, the prisoner being oppressed by his unfortunate situation and influenced by hope, fear and sometimes a worse motive, to male an untrue confession. See the case of the two Boorns in Greenl. Ev. 214, note 1; North American Review, vol. 10, p. 418; 6 Carr. & P. 451; Joy on Confess. s. 14, p. 100; and see 1 Chit. Cr. Law, 85.

Other Aspects

A confession must be made voluntarily, by the party himself, to another person. 1. It must be voluntary. A confession, forced from the mind by the flattery of hope or the torture of fear, comes in so questionable a shape, when it is to be considered as evidence of guilt, that Lo credit ought to be given to it. 1 Leach, 263. This is the principle, but what amounts to a promise or a threat, is not so easily defined. Vide 2 East, P. C. 659; 2 Russ. on Cr. 644 4 Carr. & Payne, 387; S. C. 19 Eng. Com. L. Rep. 434; 1 Southard, R. 231 1 Wend. R. 625; 6 Wend. R. 268 5 Halst. R. 163 Mina's Trial, 10; 5 Rogers' Rec. 177 2 Overton, R. 86 1 Hayw. (N. C.) R, 482; 1 Carr. & Marsh. 584. But it must be observed that a confession will be considered as voluntarily made, although it was made after a promise of favor or threat of punishment, by a person not in authority, over the prisoner. If, however, a person having such authority over him be present at the time and he express no dissent, evidence of such confession cannot be given. 8 Car. & Payne, 733.

More Information

The confession must be made by the party to be affected by it. It is evidence only against him. if a conspiracy, the acts of one conspirator are the acts of all, while active in the progress of the conspiracy, but after it is over, the confession of one as to the part he and others took in the crime, is not evidence against any but himself. Phil. Ev. 76, 77; 2 Russ. on Cr. 653.

Other Issues

The confession must be to another person. It may be made to a private individual or under examination before a magistrate. The whole of the confession must be taken, together with whatever conversation took place at the time of the confession. Roscoe's Ev. N. P. 36; 1 Dall. R. 240 Id. 392; 3 Halst. 27 5 .2 Penna. R. 27; 1 Rogers' Rec. 66; 3 Wheeler's C. C. 533; 2 Bailey's R. 569; 5 Rand. R. 701.

More

Confession, in another sense, is where a prisoner being arraigned for an offence, confesses or admits the crmie with which he is charged, whereupon the plea of guilty is entered. Com Dig. Indictment, K; Id. Justices, W 3; Arch. Cr. Pl. 1 2 1; Harr. Dig. b. t.; 20 Am. Jur. 68; Joy on Confession.

More

Confessions are classed into judicial and extra judicial. Judicial confessions are those made before a magistrate or in court, in the due course of legal proceedings; when made freely by the party and with a full and perfect knowledge of their nature and consequences, they are enough to found a conviction. These confessions are such as are authorized by a statute, as to take a preliminary examination in writing; or they are by putting in the plea of guilty to an indictment. Extra judicial confessions are those wbich are made by the part elsewhere than before a magistrate or in open court. 1 Greenl. Ev. 216. See, generally, 3 Bouv. Inst. n. 3081-2. [1]

Resources

Notes and References

1. Partialy, this information about confession is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including confession.

See Also

Confession (Criminal Judicial Process)

Meaning of Confession (voluntary)

This is a brief definition of confession (voluntary); a term used, in general, in the field of procedural law within the United States: A voluntary confession is one made by a person accused of a crime, free from the influence of an extraneous disturbing cause_ not influenced by violence, threats, or promises.

Confession

There is an additional definition in the world law dictionary.

Resources

See Also

• Escobedo Rule
• Mallory Rule
• Miranda Rule

Confession

There is an additional definition in the world law dictionary.

Resources

See Also

• Extrajudicial

Confession

There is an additional definition in the world law dictionary.

Resources

See Also

• Interlocking confession
• Involuntary confession
• Interrogation
• Oral confession