FALSE CONFESSION AND THE WAY OF DEALING WITH THEM IN DIFFERENT COUNTRIES.
To better understand the topic, first understand the meaning of the term “confessions of guilt”. In criminal law, the term Confession is defined as a statement made by someone to admit that they have committed a particular crime. There are no specific bills defining confession. Judge Stephen defined for the first time in the summary of the Evidence Law, “confessing a crime means that the person accused of the crime admits or implies interference with the crime he committed.” Confessions are considered part of admission because they are defined in the commission category. Section 24 to 30 of the Indian Evidence Act include confession. Confession is a confession, but the two terms are very different from each other.
The conviction is meaningless and you cannot be convicted if it belongs to the four corners of Article 4, Article 24 of the Humanitarian Evidence Act.
1.The suspect’s confession must be completely free and voluntary and not the result of any form of force, induction or threat. Confessions confessed to the fear of the authorities are not admitted by the court. However, the term “inducement” is not precisely defined everywhere, and the rules for constructing and not constructing incentives are not formulated.
- The suspect may be expressed or implied as understanding the suspect when confessing guilt, not for himself.
- Temptation alone is enough power or threat to confess not to confess guilt, and knowledge of confession affects the confession of the suspect. It is up to the judge to determine if the language used is sufficient to convey to the defendant the message that it is good to commit the crime or to admit to the worst cause.
- It should be noted that according to Article 24 of the Indian Evidence Act, confessions produced or obtained through moral counselling cannot be excluded. Therefore, the fact that an interrogator makes a statement such as “tell the truth in the name of the Almighty God and tell the truth” does not mean that this is an incentive or confessed on the basis of this statement, except as permitted by law.
Meaning of false confession
Now let’s move on to the main topic, false confession. It is a false confession that an individual or individual commits a crime he has not committed. There may be other reasons behind the confession. Sometimes a person who receives short-term benefits with short-term confession can exceed the long-term loss he will suffer. Convictions can be divided into three categories.
Kind of false confession
- Voluntary false confession A false confession is considered voluntary if a person without persuasion or pressure has admitted that he has not committed a crime. This voluntary confession was not made through police interrogation. The reasons for voluntary confession are:
- Protecting and helping real criminals
- Someone’s revenge
- Wrong Confession of Compliance-These confessions made under coercion, threat, or pressure of the police are called false confession. This confession
- Eliminate cumbersome interrogation procedures.
- Treat generously
- Or avoid heavy punishment
- One of the most important aspects of observing inappropriate confession is that a person admits that his inside is false, but he acknowledges guilt for any of the above reasons.
In this case, the suspect thinks he is deeply trapped throughout the situation, and the only way to avoid and reduce punishment is to plead guilty. Various techniques have been used against the suspect, such as pressure, induction, repeated accusations, and attacks on the suspect, and it’s all about evidence that doesn’t exist. sin. . When facing a third-degree torture during an interrogation, the interrogator refused to respond, and the only way to escape safely is to tell the interrogator what he wants to hear.
When false confession is persuaded or internalized, interrogation begins in such a way that a person begins to suspect his memory and believes that he has no memory of it even if he commits a crime. This belief in criminal suspects is a by-product of a strong and rigorous interrogation process, which constantly attacks criminal suspects’ denials and provides false evidence to convince criminals that they have actually committed a crime. Other reasons for confession may be psychotic or psychological problems.
Examples of false confession are:
- If you plead guilty to save a friend, when you are not guilty.
- Confessing minor crimes to avoid harsh punishment.
ADMISSIBILITY OF FALSE CONFESSION
As far as permission is concerned, false confession is absolutely unacceptable in court. If the judge finds out that the confession is wrong, he has the right to immediately delete such statements and remove them from the evidence list. The only problem here is that it is difficult to judge if the confession is wrong. If so, why?
LEGAL ACTION AGAINST FALSE CONFESSION
Anyone who made a false confession was prosecuted by the court and sentenced. Different countries have a way to determine if a confession is false, and later they are accused or punished for offenders they deem appropriate. The legality of some countries is discussed below.
Courts use a variety of mechanisms to process and investigate false confession. The set of rules commonly used for this purpose is called the “confessions rule”. If a person finds a false confession, you can do something like this:
1.Tem sees the court if such false confession to the suspect tends to interfere with the court action or cause the other party’s lack of cooperation. The judge has all the powers to consider the repentant.
- You can file criminal charges. A person who confesses falsely can be convicted of another crime depending on when, where, and to whom such a statement was made.
- Lying to the police
- You may also be fined or detained if you interfere with justice.
UNITED KINGDOM (UK)
In the early 1990s, Britain adopted a technique called “investigative interviews”, known as the leader of provocative interviews. In England, the quality of the evidence produced is excellent, and the treatment of the suspect is not harsh and fair. The United Kingdom strictly prohibits the use of threats or forces that are collectively called mandatory. Over the years, the UK has greatly improved interviewing practices and has been more concerned with collecting information than candid information. In addition, interviews should be recorded to protect the interests of the suspect. Low self-confidence and insufficient sleep are two of the most important factors that can lead to false confession.
Birmingham VI, England, is a prime example, in which case the reaction to confession was pressure, but the trial was different. It has been linked to bombings at two bars in Birmingham, about 200 people died and at least 21 seriously injured. This questioned the six suspects suspected of being an Irish Catholic immigrant, but the attack was attributed to a temporary Irish Republican army. Later, suspects sentenced to imprisonment were convicted of being sentenced to 16 years in prison. In the course of the investigation, it was observed that he was severely treated and tortured. In addition, during personality testing, it was found that four confessed suspects were more suggestive and submissive than two confessed suspects.
In Canada, the technique used for interrogation is called “lead technique” and was named after Chicago police officer John Reed. This skill includes three levels of fact analysis, interviews and interrogation. Initially, only criminal suspects knew the signs of lying or telling the truth. If a visitor accidentally finds out that a criminal suspect is lying, they are questioned in a way that they feel guilty, which may include refusing to accept the criminal suspect and not believing in their statements. The interrogator may use false statements or lie to the evidence, and may have said that the liar test eventually failed or that DNA was found at the crime scene. A jury who is afraid of being arrested may think that guilty is the best option. “Report 2011 Recommendations” has been updated as an investigation basis for interviewing suspects and witnesses. This report focuses on three things:
1.Interviews conducted under police detention must be recorded in video, especially if the suspect is involved in serious personal and violent crime in the entire conversation, not just in the final statement.
- Research standards should improve the reliability of the results of the investigation process.
- During the interview, are there any people who admit that they have to use the right skills and have not committed a crime?
In addition to the above suggestions, other cities in Canada also have comments on the interview video. Because there is no special law in Canada that requires video recording when interviewing suspects. One of the most important cases in this regard is R v Sinclair.
UNITED STATES (USA)
False confession is no longer unique to any country. Their business covers the whole world, including the United States. In countries like the United States, lead technology is used to interview suspects. Saul Kassin, a psychologist at the John Jay Criminal Justice School in New York, is one of the best interrogation experts in the world and has played a very important role in explaining the concept of false confession and brought several prosecutors. Police officers opened their eyes to interrogation and new signs of interrogation. Condemn This was first discovered in the Huwe Burton case, which spent 20 years in parole after rigorous police investigation. The lawyer made every effort to prove innocent after being transferred to prison, but attorney Burton asked Dr. Carson to explain the concept of this false confession in the absence of support requirements. Burton’s 30-year conviction. This misconception of confession was considered in the United States.
A widely accepted practice in Brazil is torture of poor or criminal suspects by police officers. Brutality by the police is common there. The suspects were so harsh and crazy that false confession was the only way to protect themselves.
Thailand Rape Case (2013)
In this case, four suspects were arrested for brutal rape and murder of a girl in front of the theme park, after which she was convicted of the crime. However, after careful investigation, the police found that the girl was not raped, and the boy’s confession was the result of torture. Later, 13 police officers were arrested and the chief of police fled.
Australia, Denmark, New Zealand, Sweden, Norway
A common situation in all these countries is the adoption of the “investigative interview” method to avoid false confession, which aims to collect more data and information than the suspect. Confess without using hostile and compulsory measures.
In countries like China, the possibility of false confession increases due to suspects’ long-term detention and the use of highly compulsory interrogation techniques. However, a positive step taken by the country is a video interview.
The most persuasive evidence that a country can defend an innocent defendant is a false confession. Such false confession of suspects often violates the evidence, and the jury makes a decision based on the evidence. As we have already discussed, what is the exact meaning of the confession of guilt, its type and possible serious consequences and possible effects? I would like to write here that false confession can destroy the lives and excesses of innocent people in life. Real criminal
Author: Prakalp Shrivastava,
3rd year, School of law, jagran lakecity university, bhopal (M.P)