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I'm intrigued to know how far the police insistence on evidence extends. If, for example, I went to the police saying I had been drink-driving, but by the time I went to the station my blood alcohol level was normal, would they prosecute me?
Or if I went to them with something I'd nicked from a shop and confessed, would they do me for theft?
Is a confession alone enough, and if not why not? Answers from police or similar welcome!

2007-01-13 02:04:24 · 20 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

20 answers

It depends on the crime, but not likely....They know your confession would likely be thrown out in court and it would all be for nothing.

2007-01-13 02:07:44 · answer #1 · answered by Boston Bluefish 6 · 3 0

1

2016-06-10 14:49:21 · answer #2 · answered by ? 3 · 0 0

People are notorious for changing their minds once they get to court. We do our best to get a person's story/confession on videotape. The confession should be preceded by a police caution "right to remain silent" speech. This tells a person that they are a suspect in a ___ or are going to be charged in a ____
and you are not obliged to say anything but whatever you are about to say will be given in evidence. We also encourage you to call a lawyer. So using your example,
You walk into the station with a ring you claim you have just stolen, I would most likely say:
"you are admitting to a theft, you may be charged with this offence" and then I would read you the caution and rights to council, before you gave the details of the theft. I'd get the confession on tape, seize the property and make inquiries with the store to see if it has been stolen. If it had you'd be charged with the theft. You can't charge someone for theft or possession of stolen property even if they tell you it is stolen unless you can find the owner of the object to tell you it was stolen. You can arrest and detain them until you investigate though. Ex. if you stop a vehicle that has been obviously hot wired, you arrest the occupants and then check to see if the vehicle has been reported stolen. If not then you call the owner to see if they know where their vehicle is. Often people are asleep when this happens so they haven't reported it stolen yet..

As for the impaired example, you need some kind of evidence to charge someone with this. Just the bad guys word that they were impaired in the past is not enough.

We had a murder in our city many years back where a mentally ill person confessed to a murder (he was at the scene) but did not do it. The evidence pointed to another person entirely. We "ignored" his confession and charged the other fellow. The defense did bring the other person on the stand. It is interesting to have a person confessing to the crime on the stand of a trial of another person! The right person was convicted in this incident. Confessions are tricky things, defense lawyers can argue that the confession was made under duress or under promise of threat or favour by police. That is why videotape is such a good tool for police. Although people are charged with a confession alone for some crimes, it is always better and sometimes vital, to have corroberating evidence.

2007-01-13 02:29:29 · answer #3 · answered by joeanonymous 6 · 1 0

I am intrigued to know if you are possibly mentally unbalanced or what? Of course we won't arrest you for DUI if you come in with a BAC below the legal limit... We aren't looking for extra work that has no reason to be done, or something like that.
As far as bringing in stolen property, we still would like to have something called "probable cause" which is more than mere suspicion, but less than absolute proof.
We don't just go around locking people up because they say something happened, we do an investigation.
First of all, was the incident reported prior to your "confession is good for the soul" trip to our house?
Secondly, is there even any possible way to determine that you did something illegal?
Finally, will a prossecutor or judge believe that there is enough reason to believe beyond a reasonable doubt you did something.
I can say though, if you offer unique, compelling, not publicized details of a major crime, yeah, you might get arrested.

2007-01-13 02:11:18 · answer #4 · answered by Lt. Dan reborn 5 · 2 1

I think The Go to Guy said it all! First, if there's no evidence of there even being a crime, you saying there was one doesn't make it true. Second, even if there was a crime, there has to be evidence that you did it. Yes, you'd probably be held while they investigated, if the crime did exist and it was bad enough, but walking in and saying you were drinking and driving? Not unless you ran someone over while you were drunk, and then you'd be prosecuted for manslaughter, not DUI.

2007-01-13 02:17:55 · answer #5 · answered by pookieb 3 · 0 0

There has to be evidence of a crime before the District Attorney will prosecute. The police may charge you, but it would be too easy for you, at a later date, to withdraw your confession.

2007-01-13 02:25:40 · answer #6 · answered by regerugged 7 · 0 0

That is a really great question.I Guss that the police would investigate your claim to having committed a crime and look for further evidence,But after a lot of thought and discussion i believe that yes the would prosecute you if you confessed to a crime.

2007-01-13 02:16:45 · answer #7 · answered by Bella 7 · 0 0

Good question.

I *think* the prosecutor would want to find some other evidence that you committed the crime. The problem is at any time you could recant your story and then it's just your word against your past word...If I were a prosecutor I would not want to try that case.

I think it also depends on if there is contradictory evidence, not just lack of evidence. If there is evidence suggesting someone else did it, I think they'd be even less likely to try the case.

2007-01-13 02:10:02 · answer #8 · answered by harrisnish 3 · 0 0

It depends on the nature of the crime...as the nature of the evidence. IF no evidence can be found to support the confession, then you will not be charged with taht crime, however, they can cahre you with giving false evidence, obstructin of justice and order you to counseling for making the confession in the first place.

2007-01-13 02:51:57 · answer #9 · answered by kveldulf_gondlir 6 · 0 1

A confession IS enough for you to be prosecuted and convicted. Why do you think law enforcement loves confessions? It makes everything for them easier.

The Police will not, cannot, prosecute you. All they can do is investigate and arrest you. They don't prosecute...that's what prosecutors exist for.

2007-01-13 11:49:16 · answer #10 · answered by lee3620111 3 · 0 0

the drunk driving thing, you shouldnt mess around with that, my gf's kids got mad at me for telling them to turn off the tv and do some homework, so next thing i know we get a call from dhs, saying that someone had reported us drinking and driving with the kids, they sent out some git and "interviewed" the kids, and now its on my record as unconfirmed negligence. Of course the cops couldnt do anything if you told them, but they could see what car you walk back out to and pull you over next time they see you for "making a wide turn" or something. Stay away from the system if you can.

2007-01-13 02:16:19 · answer #11 · answered by tomhale138 6 · 0 1

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