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Unreliable Evidence? Confessions and the Safety of Convictions

NCJ Number
149282
Date Published
Unknown
Length
34 pages
Annotation
Based on the premises that evidence obtained from voluntary confessions may be inherently unsafe, and that people can make false and misleading confessions against their own self-interest under police interrogation, this report examined the circumstances surrounding 89 cases in England in which an alleged miscarriage of justice rested on a disputed confession.
Abstract
Seventy-two of the defendants in this sample had been arrested after January 1986 when the Police and Criminal Evidence Act (PACE) 1984 was implemented. Some of the issues examined here include the reluctance and sometimes outright refusal of police to allow suspects access to legal representation, the tendency of police to conduct "informal" interviews without the use of tape recordings or access to legal advice, the use of oppressive questioning tactics, and the reliability of confessions. The report concludes that there are two major weaknesses in relying on admissions made to police: the limitations and inconsistent application of PACE safeguards and the unreliability of confessions made under duress and fear of negative consequences. 6 notes and 2 appendixes

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