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Topic: Forced confession


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  Advisory Board of Directors:
A confession forced from the mind by the flattery of hope or the torture of fear, comes in so questionable a shape, when it is to be considered as evidence of guilt, that no credit ought to be given to it.
Confession is also when a prisoner being arraigned for an offence confesses or admits the crime with which he is charged, whereupon the plea of guilty is entered.
Judicial confessions are those made before a magistrate or in court in the due course of legal proceedings; when made freely by the party with a full and perfect knowledge of their nature and consequences, they are sufficient to found a conviction.
www.balticbankinggroup.com /bbgdicionary/Confession.htm   (489 words)

  
 Forced confession
A forced confession is a confession obtained by a suspect or a prisoner under means of torture of some kind, or duress.
Depending on the level of coercion used, a forced confession may or may not be valid.
Developments in the 20th century, notably the Universal Declaration of Human Rights, greatly reduced the legal acceptance of forced confessions.
www.arikah.com /encyclopedia/Forced_confession   (142 words)

  
 Reflections on Torturers   (Site not responding. Last check: 2007-10-15)
Confessions of torturers therefore contribute to writing an authoritative and truthful version of the violence committed by the authoritarian regime.
The etymology of the terms "confess" and "confession" hint at the problematic role of torturers’; confessions in truth and reconciliation.
Forced by an antagonistic interviewer to think outside the official discourse about the War, Scilingo adopted a new framework for understanding himself, his role, and the Dirty War in general.
www.polisci.wisc.edu /~lpayne/Leighpaper.htm   (8131 words)

  
 China cracks down on torture and forced confessions_china_English_SINA.com
In the future, before undertaking prosecution, prosecutors mustcarefully ask the suspect if he or she was forced to make a false confession by police during interrogation and examine records madeby police to the letter, to seek clues of forced confessions, said the official of the SPP.
He said if forcing confession by torture was spotted, prosecutors must report to the higher level prosecuting organ immediately and ask police to rectify the problem.
Forced confession is strictly forbidden and legally invalid.
english.sina.com /china/1/2005/0517/31270.html   (572 words)

  
 Washington Post article, Alfonso Martin del Campo Dodd   (Site not responding. Last check: 2007-10-15)
Confessions obtained by torture are not necessarily false, they ruled, repeating a conclusion reached frequently by Mexican judges.
The constitution prohibits "all incommunicado detention, intimidation or torture" and states that confessions made before anyone other than a prosecutor or a judge are not admissible in court.
But the judge accepted the confession anyway, noting, as the appellate judges also did, that in Mexico, confessions obtained by torture are often still considered as evidence, despite the laws that say confessions obtained by torture are inadmissible.
www.wola.org /Mexico/hr/wp_torture_060202.htm   (2799 words)

  
 Govt. White Papers - china.org.cn   (Site not responding. Last check: 2007-10-15)
Torture and forced confession are common in the United States, with the number of convicts on the death row that are misjudged or wronged remaining high.
In December 2001, a man on the death row, Alon Patterson, claimed that his confession was forced due to torture by Chicago police, who used a plastic typewriter cover to suffocate him.
According to an analysis, main reasons for misjudgment were failure to get legal counsel on the part of the accused, confession forcing by the police and prosecutors, and misdirection of the jury by judges.
www.china.org.cn /e-white/20020313/2.htm   (739 words)

  
 CHAPTER 12 FORCED CONFESSION
I was stunned, knowing that such an action was loaded with dire implications; however, I knew her decision was based on a fervent belief in God and the hope of finding peace through the LDS process of repentance.
As I expected, in her initial confession to the bishop, she was forced to confess for me, too.
The relief she felt from her confession was short lived as she saw my life fall apart because of it.
www.mormonalliance.org /casereports/volume3/part2/v3p2c12.htm   (2543 words)

  
 No alla Pena di Morte - NO to the Death penalty  - Comunità di Sant'Egidio
Kazutoshi Takahashi was seeking to have a September 1995 murder conviction quashed, arguing that the confession to the double slaying had been beaten out of him by investigators.
Defense lawyers argued that the confession to the murder was forced out of 68-year-old Takahashi by investigators who screamed out at him and bashed him.
"The judges, who dismissed the credibility of the confession, handed him the death penalty because he is 'suspicious.' This absurd ruling casts strong doubts about the validity of capital punishment," a spokesman for the defense team said after announcing that they would appeal the high court ruling.
www.santegidio.org /pdm/news2002/17_11_02.htm   (396 words)

  
 Cambodian Center for Human Rights . . .   (Site not responding. Last check: 2007-10-15)
Vuthea was repeatedly told that if he confessed to the killing, he would receive only a five-year suspended sentence; if he refused to confess, his father would be arrested for destroying evidence and Vuthea would face a 20-year jail term.
Based on Article 24 of the criminal procedure, which prohibits forced confessions, CCHR urges that Vuthea be released.
The lack of initial arrest warrant, the intimidating late-night police interrogations, and the police tactic of having Vuthea pose for the media prior to the trial with the rifle allegedly used in the shooting, are further troubling reflections of the abuse of justice in Cambodia.
www.cchr-cambodia.org /PR-28-03.htm   (401 words)

  
 National Review: True confessions: the long road back from Miranda - Miranda v. Arizona case, Ernesto Miranda raped an ...   (Site not responding. Last check: 2007-10-15)
Confessions are continually ruled inadmissible because they have been "coerced." Despite high-quality legal counseling--New York City has a 24-hour hotline to advise officers on constitutional issues--confessions are constantly challenged successfully in the courts.
The core of the problem is that the popularly accepted justification for Miranda--avoiding forced confessions from innocent people--had almost nothing to do with the Court's reasoning on the case.
Civil-liberties attorneys seized on the case as an example of a "forced confession" and appealed the conviction all the way to the Supreme Court.
www.findarticles.com /p/articles/mi_m1282/is_v37/ai_3983324   (1145 words)

  
 THAILAND: Severe torture victims still in custody while police torturers remain in posts
After extracting the forced confessions, the police charged the men with a range of offences relating their alleged rebellion against the state.
We found that all suspects were severely assaulted and forced to confess while they were detained at the provincial police station of Tanyong subdistrict, Narathiwat province.
Obviously, the suspects were forced to confess to crimes they did not commit.
www.ahrchk.net /ua/mainfile.php/2004/753?print=yes   (2111 words)

  
 Confessional Culture Daily--Religion   (Site not responding. Last check: 2007-10-15)
Confession in America is firmly rooted in the Protestant faith.
While Ezra was praying and confessing, weeping and throwing himself down before the house of God, a large crowd of Israelites-men, women and children-gathered around him.
Confessing their sins, they were baptized by him in the Jordan River.
iml.jou.ufl.edu /projects/Fall03/Poole/religion.htm   (746 words)

  
 iafrica.com | news | world news Mafia boss sentenced, executed
Liu was originally sentenced to death in April 2002, but during his appeal it was revealed that his confession had been extracted through torture and in August this year he was given a two-year reprieve by the Liaoning high court.
According to Chinese law, evidence collected from forced confessions are inadmissible, but Monday's ruling suggested that the court felt there was enough additional evidence to warrant Liu's death in accordance with the first ruling.
Liu was initially convicted on 32 charges including racketeering, extortion, premeditated assault and illegal possession of firearms in a case linked to a series of trials that effectively brought down the government of Shenyang city, the capital of Liaoning, in 2000.
iafrica.com /news/worldnews/293070.htm   (531 words)

  
 [No title]
What is most disturbing about the Chicago cases is the police ignored the telltale sign of a forced confession: the suspect's narrative not matching known facts of the case.
Both cases went unsolved for prolonged periods and the confessions were obtained on the heels of nationally hyped juvenile crime events.
A.M.'s confession came only days after an 11-year-old Chicago murder suspect, Robert "Yummy" Sandifer, was shot in the head, executed by members of his own gang because they feared he might surrender to the police.
www.law.northwestern.edu /depts/clinic/Articles/newsarticletruecrimefalsconf2899.htm   (2114 words)

  
 The Austin Chronicle Politics: A Forced Confession?
On the first day of that interrogation, police grilled Scott for nearly 12 hours in a 7-by-10-foot room on the second floor of APD headquarters; by the end, Scott confessed he participated in the 1991 quadruple murder, which prosecutors say proves his involvement.
But defense attorneys claim the confession was coerced, the result of brutal psychological interviewing tactics.
But defense attorneys say Scott was coerced into confessing; the long hours in the interrogation room took their intended psychological toll, and any information he revealed came from prior knowledge or from parroting back to detectives details they had originally introduced.
www.auschron.com /issues/dispatch/2002-09-06/pols_feature5.html   (862 words)

  
 Herald Sun: Missionary death confession 'forced' (archived)   (Site not responding. Last check: 2007-10-15)
Bhoi confessed to the crime soon after his arrest in March 1999 and was later granted bail by the Orissa High Court.
He said today that he was forced to sign the confession after officials from the Central Bureau of Investigation, India's version of the FBI, threatened to torture his father and have his bail cancelled.
Twelve of the 14 suspects in the case have either retracted their confessions or denied involvement in the killings.
www.heraldsun.news.com.au /common/story_page/0,5478,6292840%255E401,00.html   (270 words)

  
 THAILAND: Another case of torture to obtain confession at Ayutthaya Police Station
The information now obtained is that he and a friend were arrested and tortured to obtain a confession earlier in the year, but after media publicity around other recent torture cases at the police station, his cousin lodged a complaint on his behalf.
It also appears that the police obtained a forced confession from the third of the accused in order to boost the charge to gang robbery under section 340 of the Penal Code.
That the police involved in the case didn't even bother to conduct a line-up, stacked the records with the names of officers not actually involved in the case, and sent an officer who was not really involved in the to court as a witness all indicate contempt for procedure.
www.ahrchk.net /ua/mainfile.php/2004/885?print=yes   (1676 words)

  
 Taipei Times - archives   (Site not responding. Last check: 2007-10-15)
This particular case, which involved automobile theft, and the exclusion of the confession raises the issues of what are the purposes of an exclusionary rule and what criteria should judges look for in determining voluntariness.
If this manufactured confession becomes the central piece of evidence that the court considers, as it often is in Taiwan, then on a very basic level the court is not getting the truth.
A conviction based on an untrustworthy confession is not justice because it is not the truth.
www.taipeitimes.com /News/edit/archives/2001/05/13/85557/print   (728 words)

  
 Unforced Acclamation, by C. F. Dallmus   (Site not responding. Last check: 2007-10-15)
In John 1:20 John the Baptist "confessed and denied not, but confessed, `I am not the Christ.'" Not a trace of reluctance or coercion is to be noted.
In Acts 24:14 Paul confesses before Felix, the Roman governor, his unwavering faith in "Christ and the hope of a future resurrection of the dead, both of the just and the unjust." And he so confessed with great boldness and without fear of coercion.
Romans 10:9,10 speaks twice of confessing with the mouth that Jesus is the Lord (similar phraseology as in Philippians 2).
www.godstruthfortoday.org /Library/dalmus/UnforcedAcclamation.htm   (1859 words)

  
 CCW Forums - New Methods of Forced Confession   (Site not responding. Last check: 2007-10-15)
The owner of the Uzi in question confessed in open court to the sale, stated that Pitner had nothing to do with it, was sentenced, served his time and was released about two years ago.
Solely on the basis of admitted perjured testimony John Pitner was convicted of the same offense confessed to by another, and is still in prison.
Judge Cougenhour and the prosecutor have attempted to make John a deal he could not refuse; confess and be released immediately, which would eliminate appeals, or face a new charge of conspiracy to defend the United States against a UN invasion.
www.ccwforums.com /showthread.php?t=53   (1405 words)

  
 RFA News Release: China-forced confession
“[He said] they forced him to admit that he had ‘incited people against the government.' Our lawyer pointed out in the court that the government forced this illegal land deal on people.” “People have a right to protect their land.
All my husband did was sit in front of the county building peacefully.” The requisition of land by local governments and state-owned enterprises has become one of the most controversial topics in both urban and rural areas in China, as new roads, factories, and housing and office developments have sprung up nationwide.
Local residents evicted from their homes often complain of poor government compensation and forceful removals, while many accuse the government of cashing in on the real estate market at their expense.
techweb.rfa.org /pipermail/rfanews/2003-December/000135.html   (1038 words)

  
 Michael Thompson-Alabama's Death Row
As harmful as the confession was, had his trial attorneys not allowed him to testify, having this conviction overturned on appeal was a strong possibility.
Finally in November of 1997, the Federal District Court held an evidentiary hearing on the confession and ruled orally that the confession was involuntary based on its finding that law enforcement officials obtained the confession by deceiving Michael Thompson that Shirley Franklin had been arrested and by promising not to prosecute her.
The police were desperate to solve the crime, and acting on her word they rushed to arrest me, and to force a confession from me, despite my invoking my Constitutional Rights to remain silent, to receive counsel, and a telephone call.
www.ccadp.org /michaelthompson.htm   (2220 words)

  
 South Korea: Unfair trial and torture: long-term political prisoners
In some of these cases, sufficient information exists to demonstrate that the trial was unfair and that the prisoners are held solely for peacefully exercising their rights to freedom of expression and association.
He told the court that he had been tortured and forced to make a confession which was used to convict him.
Chong Yong was found guilty and convicted, apparently on the basis of the confessions made by himself and by his wife.
www.amnestyusa.org /interfaith/document.do?id=DA02C894518206F6802569A60060397B   (7787 words)

  
 Ghatkopar blast accused alleges forced confession
His confession before the magistrate was produced in the court in a sealed cover.
It was also shown to the accused and he confirmed that this was the true and voluntary confession he had made.
Altaf, who was deported from Dubai last month, in his confession said, "Myself, Matin, Yunus, Muzamil and Zaheer are innocent and not involved in Ghatkopar bomb blast or in the conspiracy to trigger the explosion."
www.rediff.com /news/2003/feb/18bomb.htm   (259 words)

  
 Medill News Service : Chicago
Bates is accused of slashing Naina Gheewala's chest and face with a knife in front of her home on July 3, 1993.
Bates' attorney contended that Bates, who was 15 years old at the time of the crime, was too young to understand the meaning of the Miranda warnings and was coerced into signing a confession drafted by Buts.
Bates' attorney accused Buts of failing to report the details of the crime accurately in the police report by knowingly leaving out the fact that three people, instead of two, were involved in the stabbing.
mesh.medill.northwestern.edu /mnschicago/archives/1998/01/lawyers_for_par.html   (331 words)

  
 LankaWeb News   (Site not responding. Last check: 2007-10-15)
The website said the Chief of the Eelam Police P. Nadesan forced the arrested soldier to make a confession under duress to state that he entered the LTTE controlled area, demarcated by the ceasefire agreement of the Ranil Wickremesinghe government.
If the story of a forced confession is true, the Chief of the Eelam Police would have carried the corrupt practice from the Sri Lanka Police, where the corrupt practice is rampant.
The EPDP website said the soldier was later forced to confess and say that he was arrested for trespassing into LTTE territory demarcated by the Ranil Wickremesinghe government.
www.lankaweb.com /news/items03/080303-1.html   (416 words)

  
 Confession forced, killing suspect says
Kenzi Snider, 21, testified in federal court for the first time since she was arrested earlier this year in the death of Jamie Lynn Penich, who was beaten and kicked to death in a Seoul motel room in March 2001.
Assistant U.S. Attorney Larry Ellis said the government needs only to prove that there is probable cause for Snider to be tried for the crime, rather than the higher standard of beyond a reasonable doubt that is required at trial.
Ed Weis, Snider's lawyer, argued that the only evidence against Snider is her confession to the FBI.
www.post-gazette.com /localnews/20021003stomp1003p6.asp   (521 words)

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