NCJ Number
146328
Journal
Polygraph Volume: 22 Issue: 3 Dated: (1993) Pages: 258-269
Date Published
1993
Length
12 pages
Annotation
The author discusses the extent to which lies, promises, and threats by interrogators constitute a violation of due process laws governing the admissibility of confessions.
Abstract
To be admissible, a suspect's confession must be voluntary. Courts differ on the specifics, but all operate on the concept that some degree of coercion or trickery is permissible if, in the totality of the circumstances, it does not overcome the suspect's free will. For example, lies that connect the suspect to the crime or inflate the strength of evidence against the suspect often lead to valid confessions. By contrast, lies about extrinsic matters often render any subsequent confessions invalid. Promises of leniency or collateral benefit must be carefully worded such that they suggest hope without guaranteeing particular outcomes. Threats are viewed as inherently coercive and weigh heavily against the admissibility of any subsequent confessions. 59 endnotes