The Indian Evidence Act does not define the term “confession”. In his book The Digest, Lord Stephen defined confession as- An admission by an accused from which an inference can be drawn that he has committed the crime. The Indian court relied on this definition for a long period of time which was later on modified by the Privy Council holding that only direct acknowledgment of guilt can be regarded as a confession.
In the case of Pakala Narayan Swami v. Emperor the question before the court was whether statements from which the guilt of an accused can be inferred amounts to a confession or not. It was observed by Lord Atkin that:
“A confession must either admit in terms the offence, or at any rate substantially all the facts which constitute
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The provisions relating confession in the Evidence Act, 1872 merely provide when a confession can be used as a piece of evidence in a court of law and presumption of genuineness of judicial confession but whether a confession can be the sole basis of conviction that is not stated in any statutory law, which are hereafter called rules of law, and therefore one has to rely on case laws. The sagacity and judiciousness of the judges determine, depending on facts of cases before them, when a confession, admitted in evidence, can be the basis of conviction. Further section 164 of Code of Criminal Procedure empowers any Metropolitan or Judicial Magistrate whether or not he has jurisdiction in the case to record any confession or statement of a person made in the course of investigation by the police, or (when the investigation has been concluded) at any time afterwards but before the commencement of the inquiry or trial. It applies only to the statements recorded in the …show more content…
When it is made to the court itself then it will be called judicial confession and when it is made to anybody outside the court, in that case it will be called extra-judicial confession. It may even consist of conversation to oneself, which may be produced in evidence if overheard by another. For example, in Sahoo v. State of U.P. the accused who was charged with the murder of his daughter-in-law with whom he was always quarreling was seen on the day of the murder going out of the house, saying words to the effect : “I have finished her and with her the daily quarrels.” The statement was held to be a confession relevant in evidence, for it is not necessary for the relevancy of a confession that it should be communicated to some other
Victims’ rights include being informed of the investigation, being able to make a witness statement, being informed of the charges laid against the accused and being treated with sympathy and compassion. (Charter of Victim’s Rights NT 2016). The rights of the accused are outlined Article 14 of ‘The International Covenant on Civil and Political Rights’, which states that the accused must; be informed of the charges laid against them, have adequate time to prepare and choose a counsel of their choosing, be tried without undue delay, be tried in the presence of the court, not be compelled to testify against themselves or confess guilt and be compensated by the court if wrongfully convicted (ICCPR 1966). These rights must be upheld to ensure equality before the law, however, when neglected justice is denied as illustrated in the Mallard and Raggett
The Supreme Court ruled that due to the coercive nature of the custodial interrogation by police, no confession could be admissible under the Fifth Amendment self-incrimination Clause and Sixth Amendment right to an attorney unless a suspect has been made aware to his rights and the suspect had then waived them
In the Forensic case #356228, the skeletal remains found in January 2009 in a deer hunting area were those of a black male greater than the age of 45. The jury felt based upon the evidence provided that the skeletal remains found were that of Robert Rutherford and the accused, John O’Hara was guilty as charged. The incidence was speculated to have happened around four years ago, when the defendant and the victim were in a quarrel over the hunting area. Due to the fact that John O’Hara went to confession more in February 2009, indicated that he had a guilty conscience. John O’Hara was known for hunting in the area and based on the evidence provided the jury speculated that he shot Robert Rutherford possibly from his deer stand, resulting in his death.
In 2 years the trial ended with the verdict of guilty on the account of
``In criminal law, confession evidence is a prosecutor’s most potent weapon’’ (Kassin, 1997)—“the ‘queen of proofs’ in the law” (Brooks, 2000). Regardless of when in the legal process they occur, statements of confession often provide the most incriminating form of evidence and have been shown to significantly increase the rate of conviction. Legal scholars even argue that a defendant’s confession may be the sole piece of evidence considered during a trial and often guides jurors’ perception of the case (McCormick, 1972). The admission of a false confession can be the deciding point between a suspect’s freedom and their death sentence. To this end, research and analysis of the false confessions-filled Norfolk Four case reveals the drastic and controversial measures that the prosecuting team will take to provoke a confession, be it true or false.
When one does wrong, the common reaction is to hide it and pretend as if nothing happened. Because of the human conscience it is difficult to completely forget about a wrongdoing. Through our conscience guilt is built up and eventually that guilt shatters enough barriers and in turn causes the doer to admit his/her wrong.
Confessions by Augustine is a theological autobiography about confessions. What did it mean to confess? To confess in Augustine’s time was meant both to give an account of fault to God and to praise God. Augustine talks about his sinfulness and his faithfulness to his God. Confessions is a story of Augustine’s life, starting from his birth to his mothers death. “You have made us for yourselves, O God, and our hearts are restless until they rest in You.”(Confessions, 1.1.1)
Depending on what study is read, the incidence of false confession is less than 35 per year, up to 600 per year. That is a significant variance in range, but no matter how it is evaluated or what numbers are calculated, the fact remains that false confessions are a reality. Why would an innocent person confess to a crime that she did not commit? Are personal factors, such as age, education, and mental state, the primary reason for a suspect to confess? Are law enforcement officers and their interrogation techniques to blame for eliciting false confessions? Regardless of the stimuli that lead to false confessions, society and the justice system need to find a solution to prevent the subsequent aftermath.
Psychological research and application have established that it is not only people with learning disability or major mental illness that are susceptible to make false confessions. In order for a confession to be false, a person must either confess to a crime that he or she is completely innocent of or overstate his or her involvement in the crime. False confessions can be either voluntary or coerced. Although it is methodologically difficult to establish the frequency of false confessions, anecdotal evidence such as self-reports and case studies indicate that reported cases are only the ‘tip of the iceberg’. It appears that young people are particularly vulnerable and often make false confessions in order to protect others. Standardized psychological tests have been devised in order to assess personality factors such as suggestibility and compliance that render some people more vulnerable than others. The reason people make false confessions is typically due to a combination of factors such as psychological vulnerabilities, nature of the custodial confinement and the police interviewing tactics. Notorious cases of false confessions which have lead to the wrongful convictions of innocent people subsequently spending years in prison represent some of the worst cases of miscarriage of justice in Britain. One such cases, that of Engin Raghip of the so-called ‘Tottenham three’ will be discussed in the context of admissibility of psychological evidence in order to demonstrate how the judiciary has increasingly come to accept the psychological notion that most people, under certain circumstances, are susceptible to making false confessions.
One of the things that makes the Apology so successful writing is the way that is written, at base, the record of a trial. By their extremely nature, trials have a tendency to be sensational and fascinating issues, particularly when,
When people are only given the options of confess or face condemnation, nothing good can result from that
This paper will outline specific points in Saint Augustine’s Confessions that highlight religious views following the fall of Rome. Though Augustines views on religion may not reflect that of most people in his time period, it still gives valuable insight into how many, namely Neoplatonists,, viewed God and his teachings.
This guilt is obvious in Frank's plea, "How can a priest give absolution to someone like me?"
The need for confession is seen in the Word as James 5:16, “Confess your sins to each other and pray for each other so that you may be healed.” The wrongs we have committed and the wrongs we have suffered weigh us down like baggage that drags the heart, mind and body down. Guilt is a ready tool for the enemy to use against a Christian. Confession serves to cleanse the ‘baggage’ full of wrongs. It is why Jesus died on the cross; to atone for our sin.
Augustine titled his deeply philosophical and theological autobiography Confessions to implicate two aspects of the form the work would take. To confess, in Augustine's time, meant both to give an account of one's faults to God and to praise God (to speak one's love for God). These two aims come together in the Confessions in an elegant but complex sense: Augustine narrates his ascent from sinfulness to faithfulness not simply for the practical edification of his readers, but also because he believes that narrative to be itself a story of God's greatness and of the fundamental love all things have for Him. Thus, in the Confessions form equals content to a large degree—the natural form for Augustine's story of redemption to take would be a direct address to God, since it is God who must be thanked for such redemption. (That said, a direct address to God was a highly original form for Augustine to have used at the time).