Key Takeaways

  • A legal confession must be voluntary, personal, and made to another person.
  • Judicial confessions occur in court; extra-judicial ones happen outside it and carry different evidentiary weight.
  • The Fifth Amendment protects against coerced confessions in police interrogations.
  • A "confession of judgment" is a civil agreement allowing a creditor to obtain a judgment without trial.
  • Courts consider the totality of circumstances when determining if a confession is admissible.
  • Illegally obtained confessions can be suppressed under constitutional protections.

The voluntary declaration to another person by someone who has committed a crime or misdemeanor in which he admits agency or participation in the same.

When made without bias or improper influence, confessions are admissible in evidence as the highest and most satisfactory proof because it is fairly presumed that no man would make such a confession against himself if the facts confessed were not true. But they are excluded if unfairly obtained.

Confessions should be received with great caution, as they are liable to many objections. There is danger of error from the misapprehension of witnesses, misuse of words, failure of a party to express his own meaning, a prisoner being oppressed by his unfortunate situation and influenced by hope, fear and sometimes a worse motive, to make an untrue confession.

Requirements of a Confession

A confession must be made: Voluntarily; By the party himself; To another person.

1. It must be voluntary. 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. This is the principle, but what amounts to a promise or a threat is not so easily defined. A confession will be considered as voluntarily made, although it was made after a promise of favor or threat of punishment, by a person not in authority over the prisoner. If, however, a person having such authority over him be present at the time and he express no dissent, evidence of such confession cannot be given.

2. The confession must be made by the party to be affected by it. It is evidence only against him. In case of a conspiracy, the acts of one conspirator are the acts of all while active in the progress of the conspiracy, but after it is over, the confession of one as to the part he and others took in the crime is not evidence against any but himself.

3. The confession must be to another person. It may be made to a private individual or under examination before a magistrate. The whole of the confession must be taken, together with whatever conversation took place at the time of the confession.

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.

Constitutional Safeguards and Police Interrogations

The legal standard for evaluating confessions extends beyond voluntariness—it includes constitutional protections, particularly under the Fifth and Fourteenth Amendments. According to the Fifth Amendment, no person "shall be compelled in any criminal case to be a witness against himself." This provision underpins the rule that a confession must not be coerced by law enforcement.

The Miranda v. Arizona decision reinforced this right by requiring that individuals in police custody be informed of their rights before interrogation. If these rights are not communicated, any confession obtained may be inadmissible.

Courts assess whether:

  • The suspect was informed of their Miranda rights.
  • The confession was made knowingly and intelligently.
  • There was any coercion, physical or psychological, during interrogation.

Even absent physical force, confessions obtained through deception, prolonged questioning, or manipulation can be excluded if found to violate due process protections​.

Judicial and Extra Judicial Confessions

Confessions are classed into judicial and extra judicial. 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. These confessions are such as are authorized by a statute, as to take a preliminary examination in writing; or they are by putting in the plea of guilty to an indictment. Extra judicial confessions are those which are made by the party elsewhere than before a magistrate or in open court.

Totality of Circumstances Test for Admissibility

Courts use the totality of circumstances test to determine the admissibility of a confession. This holistic approach considers all relevant factors surrounding the confession, including:

  • The age, mental condition, and education level of the defendant.
  • Duration and conditions of detention and interrogation.
  • Presence or absence of Miranda warnings.
  • Use of force, threats, or deception by law enforcement.

A confession will not be admissible if it is found to be the product of coercion, even if subtle or psychological, rather than a voluntary and informed choice​.

Confession of Judgment in Civil Law

Outside criminal law, the term “confession” appears in civil litigation, particularly in a confession of judgment. This is a written agreement in which a debtor consents in advance to the entry of judgment against them, often to avoid litigation and secure credit or settlement.

Key features of a confession of judgment:

  • The debtor waives the right to a trial.
  • The creditor may obtain a judgment without notice or hearing.
  • It's commonly used in commercial lending or lease agreements.

While efficient for creditors, these clauses are controversial and restricted or outright banned in some states due to concerns over due process. Parties entering such agreements should be fully aware of the consequences and consider consulting an attorney​.

Frequently Asked Questions

  1. What does “confession definition law” refer to?
    It refers to the legal standards and conditions under which a person’s admission to a crime is recognized as valid and admissible in court.
  2. Are all confessions admissible in court?
    No. Confessions must be voluntary and not obtained through coercion, threats, or improper influence. Otherwise, they can be excluded.
  3. What’s the difference between a judicial and an extra-judicial confession?
    A judicial confession is made in court during legal proceedings. An extra-judicial confession is made elsewhere, such as to law enforcement or a private individual.
  4. What is a confession of judgment?
    It is a civil legal agreement in which a debtor consents to judgment being entered against them without trial, commonly used in loan or lease contracts.
  5. Can police lie during interrogations to obtain a confession?
    While courts allow some deception, confessions obtained through excessive or manipulative tactics may be ruled inadmissible if they violate due process protections.

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