Admissibility of false-confession testimony: know thy standard.
نویسندگان
چکیده
The reliability of confessions is subject to a variety of factors, some of which give rise to expert testimony. To the degree that prosecutors construe the determination of reliability as an objective standard, they may attempt to bar testimony. Moreover, when the testimony is theoretical rather than clinical, there are additional challenges. Depending on jurisdiction, the admissibility of expert testimony on whether a confession was knowing, intelligent, and voluntary is subject to a legal threshold such as the Frye or Daubert standard. The authors review a 2002 New Jersey Superior Court ruling that illustrates the forces that shape the admissibility of confessions.
منابع مشابه
False confessions, expert testimony, and admissibility.
The confession of a criminal defendant serves as a prosecutor's most compelling piece of evidence during trial. Courts must preserve a defendant's constitutional right to a fair trial while upholding the judicial interests of presenting competent and reliable evidence to the jury. When a defendant seeks to challenge the validity of that confession through expert testimony, the prosecution often...
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Although there has been a rapid expansion in research on police interrogations and false confessions, little is known about the beliefs of potential jurors as to these issues. In collaboration with a trial research firm, we recruited 461 jury-eligible men and women who matched the demographic characteristics of jury pools in several states. Surrogate jurors responded to questions and statements...
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United States v. Bozza' has seemingly departed from the heretofore existing rule that a proper cautionary instruction in a multi-defendant trial can cure the prejudicial effect of one defendant's out-ofcourt confession on co-defendants. The appellants were convicted of various crimes related to the burglary of several post offices and the subsequent receipt and transportation of stolen stamps. ...
متن کاملThe Social Psychology of False Confessions
Inspired by DNA exoneration cases and other wrongful convictions of innocent people who had confessed to crimes they did not commit, and drawing from basic principles of social perception and social influence, a vast body of research has focused on the social psychology of confessions. In particular, this article describes laboratory and field studies on the “Milgramesque” processes of police i...
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ورودعنوان ژورنال:
- The journal of the American Academy of Psychiatry and the Law
دوره 33 4 شماره
صفحات -
تاریخ انتشار 2005