Using confessional statements by an accused as evidence against himself may be unethical and in some countries unconstitutional also.Though it is said that voluntary statements can be used.Actually if not compelled None wil confess.Comment please.
2006-10-08 08:26:58 · 8 answers · asked by mslh_uddin 1 in Politics & Government ➔ Law & Ethics
YES IT DOES
2006-10-08 08:28:46 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes. That is where their Maranda Rights come into play. If they have been read their Maranda Rights and choose to make a confession with out without an attorney present of their own volunatary will then yes it can be used. If they had not been read their Maranda Rights - No it cannot be used. They were not advised of their rights ( anything they say before being read these rights is inadmissable )
And as for a minor - police are not even supposed to question them without a parent/guardian/attorney present. If they do so and the minor divulges any information, it cannot be used.
2006-10-08 08:34:38 · answer #2 · answered by Amber 4 · 0⤊ 0⤋
Confessional statements can be submitted as material evidence. When arrested they are cautioned that "anything you say can, and will be used in court of law against you"
Having said that, we do have a right for someone to not incriminate themselves and if they dont confess they can't be forced to.
Any confession given under duress is invalid, but it must be proven to the court that it was given under those circumstances to be dismissed.
2006-10-08 08:30:08 · answer #3 · answered by rchlbsxy2 5 · 0⤊ 0⤋
Yes.
This has been highlighted recently whereby a confession to a prison gaurd has led to a conviction (and the first of it's kind on the newly changed Double jeopardy rule) of someone who thought since he was already cleared it didn't matter.
Sure while he is doing the next 20 - 30 in the pokey he will think long and hard about being as dumb as a sack of hammers...
2006-10-08 08:30:54 · answer #4 · answered by Jaws P 2 · 0⤊ 0⤋
In the UK ANYTHING said my be used as evidence against them. The "Caution" is "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
2006-10-08 08:29:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Of course it's legal. Despite what you think, most people confess voluntarily when confronted with the evidence.
2006-10-08 08:54:16 · answer #6 · answered by Catspaw 6 · 0⤊ 0⤋
What is a confession to be used for if it is not to be entered as evidence against the confessor?
2006-10-08 08:39:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
that's spoke of as "Discovery" in the USA. on the grounds that we stole various our judiciary practices from you there would some style of correlation. attempt a seek engine. i'd look for “uk judicial considered discovery” or something alongside those traces. sturdy luck
2016-12-26 12:51:07 · answer #8 · answered by sessums 3 · 0⤊ 0⤋