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Confessions play an ambivalent role in society and law, an ambivalence that is ancient.
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Terms in this set (43)
police cant solve many crimes unless guilty people confess or suspects give information that can convict someone else./ Criminals dont confess unless the police either catch them in the act or interrogate them in private./police have to use "less refined methods" when they interrogate suspects than are "appropriate for the transaction of ordinary, every day affairs by and between law abiding citizens.
1. it creates an objective, reviewable record.
2. it enhances jurors and judges assessment of credibility by providing a complete record provides judges and juries with a more accurate picture of what was said, bc words can convert different meanings depending on the intonation.
4. it improves the quality of police work by providing both good and bad examples for training police interrogations.
5. it preserves judicial resources by discouraging defendants from raising frivolous pretrial challenges to confessions.
1. due process approach is that all confessions must be voluntary or theyre not reliable.
2.the reliability rationale for due process approach is that admitting unreliable evidence to prove guilt denies defendants the right to their lives, liberty, and/or property without due process of law.
3.According to the accusatory system rationale, forced confessions violate due process even if theyre true; under our system, the government alone has the burden of proving guilt.