Confession in the United States

An admission of guilt by a person accused of a crime. A confession is the most extreme form of self-incrimination. Accordingly, if a confession is to be admissible as evidence in a criminal proceeding, it must be freely and voluntarily given. Clearly, physical coercion is an unacceptable means of obtaining a confession. Neither may a confession be induced by promise or deception. Aside from the inhumane character of coercive methods, the confessions obtained by such means are likely to be unreliable.

Analysis and Relevance

The constitutional protections that apply to confessions are derived largely from the privilege against self-incrimination and the right to assistance of counsel. The traditional approach to confessions focused almost exclusively on physical coercion. Court decisions since the 1960s have stressed more extensively the “inherently coercive” character of custodial interrogation—the questioning of persons who are in police custody. Several conditions must be met before a confession may be used in a criminal prosecution. First, it must meet traditional standards of voluntariness. Second, under terms of such decisions as Mallory v. United States (354 U.S. 449: 1957), an arrested person must appear before a judicial officer without “unnecessary delay.” This rule insures that an accused is not “worn down” by lengthy questioning. The famous Miranda case (Miranda v. Arizona, 384 U.S. 436: 1966) added the specific rights for an accused to remain silent and to see an attorney immediately following an arrest. Failure to deliver these warnings or provide counsel to indigents under custodial circumstances renders any confession inadmissible.

Notes and References

Definition of Confession from the American Law Dictionary, 1991, California

Confession Definition

In criminal law. The voluntary declaration, made by a person who has committed a crime or misdemeanor, to another, of the agency or participation which he had in the same. An admission or acknowledgment by a prisoner, when arraigned for an offense, that he committed the crime with which he is charged. A confession is an admission of the criminal act, and is to be distinguished from admissions or declarations by the defendant of facts from which guilt may be inferred. 53 Iowa, 69; 17 111. 427. Judicial confessions are those made before a magistrate or in court in the due course of legal proceedings. Extrajudicial confessions are those made by the party elsewhere than before a magistrate or in open court. 1 Greenl. Ev. § 216. The term confession is limited to the criminal act, and does not include statements, declarations, or admissions of facts incriminating in their nature or tending to prove guilt. 208 111. 607.

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In criminal law. The voluntary declaration, made by a person who has committed a crime or misdemeanor, to another, of the agency or participation which he had in the same. An admission or acknowledgment by a prisoner, when arraigned for an offense, that he committed the crime with which he is charged. A confession is an admission of the criminal act, and is to be distinguished from admissions or declarations by the defendant of facts from which guilt may be inferred. 53 Iowa, 69; 17 111. 427. Judicial confessions are those made before a magistrate or in court in the due course of legal proceedings. Extrajudicial confessions are those made by the party elsewhere than before a magistrate or in open court. 1 Greenl. Ev. § 216. The term confession is limited to the criminal act, and does not include statements, declarations, or admissions of facts incriminating in their nature or tending to prove guilt. 208 111. 607.

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Notice

This definition of Confession Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

An acknowledgment of guilt by a person charged with having committed a crime. A judicial confession is made before a judge during a trial or preliminary examination; an extrajudicial confession is an acknowledgment of guilt elsewhere than in court or before a magistrate. See corroborating evidence (in U.S. law).

(Revised by Ann De Vries)

What is Confession?

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Confession