Log in

Relevant bibliographies by topics / Voluntariness of confessions

Contents

Journal articles
Dissertations / Theses
Book chapters

Academic literature on the topic 'Voluntariness of confessions'

Author: Grafiati

Published: 4 June 2021

Last updated: 4 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Voluntariness of confessions.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Voluntariness of confessions"

1

Dolliver, Keith R. "Voluntariness of Confessions in Habeas Corpus Proceedings: The Proper Standard for Appellate Review." University of Chicago Law Review 57, no. 1 (1990): 141. http://dx.doi.org/10.2307/1599876.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Stewart, Hamish. "The Confessions Rule and the Charter." McGill Law Journal 54, no. 3 (2010): 517–46. http://dx.doi.org/10.7202/038893ar.

Full text

Abstract:

Abstract The confessions rule—the requirement that the Crown prove the voluntariness of the accused’s statements to persons in authority—is a well-established rule of criminal evidence and is closely connected with the constitutional principle against self-incrimination that it structures. The confessions rule is thus a natural candidate for recognition as a principle of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms. However, there are two distinct routes by which the confessions rule might be constitutionalized. Under the “rule of evidence” approach, the confessions rule would be recognized as an aspect of the accused’s constitutional right to a fair trial. Under the “rights violation” approach, the conduct of the state in obtaining an involuntary statement would be treated as a violation of the accused’s constitutional rights. In R. v. Singh, despite having previously adopted the “rule of evidence” approach, the Supreme Court of Canada applied the “rights violation” approach and linked the confessions rule very closely to the constitutional right to silence. In so doing, the Court conflated the distinct protections offered by the right to silence on the one hand and the confessions rule on the other, particularly when Singh is read in light of other recent cases that appear to weaken the confessions rule. Fortunately, the Court’s recent decisions concerning the confessions rule may also be read as instances of appellate deference to trial judges’ factual findings on voir dires. Thus, they leave room for the recognition that neither the right to silence nor the confessions rule is reducible to the other, and that each has a distinct role to play: the right to silence protects the accused’s decision to speak at all, while the confessions rule concerns the accused’s motivations for speaking as he or she did.

APA, Harvard, Vancouver, ISO, and other styles

3

Porter, Jennifer. "Admissibility of confession evidence: Principles of hearsay and the rule of voluntariness." International Journal of Evidence & Proof 25, no. 2 (2021): 93–114. http://dx.doi.org/10.1177/13657127211002287.

Full text

Abstract:

The common law test of voluntariness has come to be associated with important policy rationales including the privilege against self-incrimination. However, when the test originated more than a century ago, it was a test concerned specifically with the truthfulness of confession evidence; which evidence was at that time adduced in the form of indirect oral testimony, that is, as hearsay. Given that, a century later, confession evidence is now mostly adduced in the form of an audiovisual recording that can be observed directly by the trial judge, rather than as indirect oral testimony, there may be capacity for a different emphasis regarding the question of admissibility. This article considers the law currently operating in Western Australia, Queensland and South Australia to see whether or not, in the form of an audiovisual recording, the exercise of judicial discretion as to the question of the admissibility of confession evidence might be supported if the common law test of voluntariness was not a strict test of exclusion.

APA, Harvard, Vancouver, ISO, and other styles

4

Azam Mohd Shariff, Ahmad, Ramalinggam Rajamanickam, Parveen Kaur Harnam Singh1, et al. "Admissibility of Iqrar as Evidence: the Issue of Voluntariness from Syariah Principles Perspective." International Journal of Engineering & Technology 7, no. 3.30 (2018): 104. http://dx.doi.org/10.14419/ijet.v7i3.30.18211.

Full text

Abstract:

Iqrar is a form of bayyinah or evidence which could be tendered during trial at the syariah court. The syariah evidential principles renders it relevant and admissible with varying effect. Iqrar sorih or confession, once admitted by court, would become binding against the accused. In such a scenario, the court may convict the accused based on such confession without any need for further proof. On the other hand, the court may also admit an admission or iqrar kinayah but it could never convict the accused based on such admission alone. In other words, based on admissibility of such admission, a court could only convict the accused should such admission is further corroborated and strengthened by other evidence. This article however observes that the strength of a confession very mush depends on voluntariness of the maker of the confession. There is also some confusion among syariah practitioners as regards to the difference between both forms of iqrar. The conducted research is pure legal and qualitative in nature. Data and materials on iqrar confession and admission are collected via library research method. These data and materials are then analysed using critical and content methodologies.. This article analyses the relevancy and admissibility of iqrar confession and admission in the eyes of syariah evidential principles. It then strives at identifying problems relating to its admissibility and interpretation. This article eventually offers some ideas on ways of avoiding future misinterpretation of iqrar while simultaneously looking into some ideas on how to improve its application.

APA, Harvard, Vancouver, ISO, and other styles

5

Yongsik Lee. "The Rationale of the Confession Rule and the Voluntariness." HUFS Law Review 35, no. 3 (2011): 193–214. http://dx.doi.org/10.17257/hufslr.2011.35.3.193.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Greenspan, Rachel, and Nicholas Scurich. "The interdependence of perceived confession voluntariness and case evidence." Law and Human Behavior 40, no. 6 (2016): 650–59. http://dx.doi.org/10.1037/lhb0000200.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Ji-Min, Pyo, and Kwang B. Park. "The effect of visual suggestion on the perception of voluntariness in confession." International Journal of Psychophysiology 77, no. 3 (2010): 302–3. http://dx.doi.org/10.1016/j.ijpsycho.2010.06.197.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

GUDJONSSON, GISLI H. "Alleged false confession, voluntariness and ‘free will': testifying against the Israeli General Security Service." Criminal Behaviour and Mental Health 5, no. 2 (1995): 95–105. http://dx.doi.org/10.1002/cbm.1995.5.2.95.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Rutledge, Peter B. "The Standard of Review for the Voluntariness of a Confession on Direct Appeal in Federal Court." University of Chicago Law Review 63, no. 3 (1996): 1311. http://dx.doi.org/10.2307/1600256.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Karol, Marharyta M. "Confessional conversions on the territory of Belarus in the second half of the 19th – early 20th century: overview of historiography." Journal of the Belarusian State University. History, no. 1 (February 16, 2021): 82–89. http://dx.doi.org/10.33581/2520-6338-2021-1-82-89.

Full text

Abstract:

The article examines the stages of the formation of historiography devoted to the problems of confessional conversions in the second half of the 19th century on the territory of the Belarusian provinces. The historiographic trends that formed from the end of the 19th century to the beginning of the 21st century were identified and analysed. The authour studies the peculiarities of Belarusian and foreign historiography at the present stage, when a large number of works on religious issues has appeared, including confessional conversions. It is argued that in Soviet times, the issue of transitions from Catholicism to Orthodoxy was practically not touched upon. In their approaches and assessments, some researchers continue the traditions of pre-revolutionary historiography, but the majority of modern scientists strive to give an objective picture of religious processes on the Belarusian lands, to show them in the context of general state policy. The relevance of the article is due to the coverage of various points of view on the problem of confessional conversions. It is noted that pre-revolutionary researchers, first of all, sought to prove the voluntariness of conversions to Orthodoxy, but during this period, works were also created in which this thesis was questioned.

APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic "Voluntariness of confessions"

1

Johnson, Michael L. "Attribution and Attribution Error in Relationship to False Confessions." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6909.

Full text

Abstract:

False confessions are the most difficult type of confession to detect. Because the Reid interview and interrogation technique is the global gold standard for interviews, interrogations, and confessions, it is used to obtain confessions from suspects. However, the Reid method has been untested in regard to if it can detect false confessions to potentially eliminate wrongful convictions. The purpose of this qualitative study was to perform a content analysis of videos of confessions using several models that make up the Reid interview and interrogation technique. Utilizing attribution theory as a framework, these models were qualitatively assessed for their ability to detect false confessions in comparison with the legal casebook analysis and linguistic analysis. The key research questions addressed how interviewers attribute identification of false confessions through the assessment of the various models and the complete Reid interview and interrogation technique. An additional research question concerned how interviewers identify attribution error in false confessions through the assessment of the various models and the complete Reid interview and interrogation technique. Data were collected from 6 videos and subjected to content analysis, triangulated with discourse analysis and conversation analysis. The results of this study showed that the models applied to the confessions could distinguish between true and false confessions. A social change could occur if some or all of these models are applied to all interrogations to detect false confessions, which would provide law enforcement and the intelligence professions the tools to assess confessions in order to potentially stop wrongful convictions and intelligence failures in interviews and interrogations.

APA, Harvard, Vancouver, ISO, and other styles

2

McGuckian, Sile. "A comparison of the role played by the concept of voluntariness in influencing the laws governing the admissibility of confessions obtained by the police in the United States, England and Ireland." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408184.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Schmidt, Heather C. "Effects of Interrogator Tactics and Camera Perspective Bias on Evaluations of Confession Evidence." Ohio University / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1155923366.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Snyder, Celeste J. "Videotaped Interrogations: Does a Dual-Camera Perspective Produce Unbiased and Accurate Evaluations?" Ohio : Ohio University, 2007. http://www.ohiolink.edu/etd/view.cgi?ohiou1187137203.

Full text

APA, Harvard, Vancouver, ISO, and other styles

Book chapters on the topic "Voluntariness of confessions"

1

Bryan, Ian. "Legitimating Confessions Through ‘Voluntariness’." In Interrogation and Confession. Routledge, 2019. http://dx.doi.org/10.4324/9780429442612-4.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Dailey, Anne C. "Guilty Minds." In Law and the Unconscious. Yale University Press, 2017. http://dx.doi.org/10.12987/yale/9780300188837.003.0005.

Full text

Abstract:

This chapter examines the puzzling question of why an otherwise rational person would voluntarily confess to a crime, knowing full well that the state will punish in return. Even more puzzling is the phenomenon of false confessions, where an individual inexplicably confesses to a crime she did not commit, in some cases believing in her own guilt. Psychoanalysis gives us important insights into these irrational phenomena. The focus in this chapter is on the ways in which certain deceptive and degrading police interrogation tactics may override a suspect’s conscious rational decision-making powers by enlisting unconscious needs, aggressions, and guilt. Three interrogation tactics are of greatest concern: false sympathy, degradation, and trickery. As this chapter shows, false sympathy and degradation exploit deep-seated, unconscious desires for absolution and punishment that undermine the voluntariness of a suspect’s self-incriminating statements. Similarly, police trickery can take unfair advantage of a suspect’s need to rationalize unconscious guilt for a crime he did not commit. By drawing attention to the risks associated with these methods, psychoanalysis ensures that the most egregious practices can be eliminated from our criminal justice system. Psychoanalytic insights into unconscious processes advances the law’s own best ideals of fundamental fairness in the criminal law.

APA, Harvard, Vancouver, ISO, and other styles

3

Bass, Christopher, and David Gill. "Factitious disorder and malingering." In New Oxford Textbook of Psychiatry. Oxford University Press, 2012. http://dx.doi.org/10.1093/med/9780199696758.003.0135.

Full text

Abstract:

Patients with factitious disorder feign or simulate illness, are considered not to be aware of the motives that drive them to carry out this behaviour, and keep their simulation or induction of illness secret. In official psychiatric nomenclature, factitious disorder has replaced the eponym Munchausen syndrome, introduced by Asher to describe patients with chronic factitious behaviour. Asher borrowed the term from Raspe's 1785 fictional German cavalry officer, Baron Karl von Munchausen, who always lied, albeit harmlessly, about his extraordinary military exploits. The criteria for factitious disorder in DSM-IV are (a) the intentional production or feigning of physical or psychological signs or symptoms; (b) motivation to assume the sick role; and (c) lack of external incentives for the behaviour (e.g. economic gain, avoidance of legal responsibility, or improved physical well-being, as in malingering) and lack of a better classification for the disorders. In the last 10 years there has been increased interest in deception in medical practice, with specific focus on pathological lying and the diagnostic dilemmas in this field: specifically, how to differentiate between hysteria, factitious disorders, and malingering. Some of these topics will be discussed in the next section. This chapter concentrates on factitious physical complaints; fabricated psychological symptoms are considered under malingering. The DSM-IV criteria have recently come under attack. Turner has argued that criterion B (motivation to assume the sick role) has no empirical content and fulfils no diagnostic function. He also argues that criterion A, the intentional production of physical or psychological signs or symptoms, emphasizes symptoms and cannot accommodate pseudologia fantastica (PF), voluntary false confessions, and impersonations. He concludes that the two criteria need reformulating in terms of lies and self-harm, respectively. Bass and Halligan have also suggested that because the conceptual justification for factitious disorders is ‘empirically unsubstantiated’ and the motivation for diagnostic purposes (conscious versus unconscious; voluntary versus involuntary) essentially unknowable, it seems reasonable to question the clinical status and legitimacy of factitious disorder. More recently there has been a resurgence of interest in pathological lying, because this is often easier to identify than, for example, the degree of ‘voluntariness’ or ‘motivation’ to attain the sick role (however that is defined).

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!