Everybody is affected by popular culture. Many of us enjoy watching criminal and legal dramas, so we’ve picked up certain terms along the way. Because of this, many of us find it difficult to understand why someone would feign a confession to a crime and think that if someone claims to have committed a crime, especially one as horrible as rape or murder, it must be true.
However, these admissions are frequently wholly false and the result of police coercion. And while a criminal is allowed to roam the streets, an innocent person is imprisoned in place of the real bad guy. Keep reading to learn more about coerced confessions and how the right criminal defense attorney can help you if you have given one. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Understanding what coercion really is
At Chambers Law Firm, we have seen our fair share of pressured confessions that are the product of harsh and unjust police techniques. A confession that was coerced is one that was given against the defendant’s will as a result of oppressive police behavior rather than voluntarily.
In other words, the police were the ones who persuaded the suspect to make the statement or confession, not the other way around. It could arise from physical abuse or less overt psychological techniques used to bully, intimidate, confound, or exhaust a suspect in a criminal prosecution. In many circumstances, a suspect will admit to a crime merely to get the police to stop what they are doing.
Making a Murderer is a great example of coerced confessions
Making a Murderer on Netflix is well-known to many viewers. The program focused on the 2005 murder of Teresa Halbach, which resulted in the conviction of Steven Avery and his nephew, Brandon Dassey. A federal appeals court found in June 2017 that Dassey’s confession to his involvement in the crime was forced.
Dassey was a low-IQ sophomore in high school at the time of the police questioning. Every time he told them something that did not fit with their idea, the detectives would tell him that they needed honesty and that they would not be satisfied unless he told them the truth.
As the investigators frequently fed him “facts,” Dassey would then alter his account until he said what they wanted him to say. Despite telling the cops that he and his uncle killed a woman, Dassey was obviously unsure of what he was confessing to since he kept talking about leaving the interrogation and returning home.
Coerced confessions are not admissible in California
Confessions obtained under duress are not admissible in court in California. The prosecution must demonstrate by a preponderance of the evidence that a confession was willingly offered in order for it to be admissible at trial. To make this decision, a court will consider all of the relevant facts, including any threats made by the police, any physical injury suffered by the suspect, any deprivation of sleep, food, or drink, and any promises made by the police.
Your attorney can take the reins if you have confessed under duress
Confessions obtained under duress are a delicate subject, both psychologically and legally. They do happen, for a variety of reasons, and they can be challenging to deal with without the assistance of an accomplished criminal defense attorney. Chambers Law Firm can assist if you have been accused of a crime. We will support you at every stage of the process, whether you were forced to make a false confession or want legal counsel before speaking with the police. Call us at 714-760-4088 or email dchambers@clfca.com right away to arrange a free, private consultation.
