It’s one thing to know that you have a right to an attorney and the right to remain silent when questioned by police. It’s another thing entirely to exercise those rights when you’re in police custody and facing interrogation by professional officers or detectives. People don’t make the best decisions when they’re under that kind of stress, and it’s surprisingly easy for police to elicit a confession under such circumstances, even from people who are innocent. Fortunately, however, a confession alone isn’t necessarily the end of your case.
The first, and most important, thing to know is that the law prohibits convicting a suspect of a crime based solely on a confession. This is known as the doctrine of corpus delicti (literally meaning “the body of the crime”), and it means that a court cannot convict someone of a crime simply because they have confessed to it. They also require other evidence demonstrating that: a) a crime occurred; b) the crime was committed by the person confessing to it; and c) all the different components of the appropriate criminal statute are satisfied. In that respect, a confession is just another piece of evidence, albeit a very persuasive one.
Second, there are several ways a confession can potentially be deemed inadmissible in court, depending on the circumstances surrounding the confession. For example, a confession obtained through coercion (whether through threats of violence, use of torture, or improper promises of leniency or other inducements) may be thrown out by the court. A confession may also be deemed inadmissible if it was obtained prior to a person being read their Miranda rights, or if they attempted to exercise those rights and were denied.
Finally, there are known problems with interrogation that make confessions potentially unreliable as evidence, even when police follow proper procedures. Many common police interrogation techniques are not scientifically verified, and police are not adept at figuring out when they’ve elicited a false confession. A skilled lawyer can mitigate the impact of a confession by bringing its validity into question and give you a chance at a favorable outcome even when the evidence initially seems stacked against you.
If you are placed under arrest, remember to exercise your right to an attorney and get legal representation as soon as possible. A Suffolk County criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Central Islip criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
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