Courts Refuse

COURTS REFUSE 4

CourtsRefuse

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Aconfession is considered as one of the best forms of persuasiveevidence in judicial court systems. The primary objective of thecourt systems is to convert the evidence presented to facts thatguide the judges in giving their rulings (Garland, 2011). However,the statements given are at times gathered from coerced confessionsfrom the defendants. Forced disclosure refers to an involuntaryconfession made by an individual due to overbearing police conductsother than his rational intellect. Law enforcers can use tactics thatare intended to inflict fear, confuse and intimidate the defendant inorder to give statements that are either true or false (Garland,2011). The statements are used in courts against them or to convictother people. Coerced confessions undermine the justice systems aswell as violating the fundamental and constitutional rights of thedefendants. It is too unfortunate that sometimes the judges arecompelled to convict the defendant even when they are aware that thestatements were from coerced confessions (Abbell, 2010). However,there are different reasons that the courts refuse to admit intoconfessions that are obtained through coercion.

Thefirst reason is that they lead to wrongful convictions. According toa report by criminal law analysts, they said that innocent people donot confess to crimes, and there are over 300 false conventions madein the recent years. The law officers force the accused to confess toa crime they did not perpetrate hence leading to wrongful convictions(Garland, 2011). The judicial system need to strengthen their systemsin order to reduce such cases. The other reason is that thesestatements might have been given by the defendant who was not in hisright mind. The jury needs to determine whether the accused wasmentally stable. Courts provide for the mental check up to identifywhether defendants are of sound mind (Abbell, 2010).

Thejudicial system condemns certain coercive methods used to gatherevidence from defendants. The first method is the false evidencetechnique. The police officers use non-existing evidence tocompromise the suspect. The other method is using coercive mindcontrol technologies. These are behavioral change programs that forcethe defendant to think in a particular manner (Abbell, 2010). Theythen use the information as evidence of the manner asserted. Experttestimony is another coercive technique that the court rejects. Itinvolves coaching the defendants on how to give force statements.

Reference

Abbell,A. M. (2010). Obtainingevidence abroad in criminal cases 2010.Leiden: Martinus Nijhoff Publishers.

Garland,N. M. (2011). Criminal evidence (6th ed.). New York, NY: McGraw-Hill

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