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Archive for the ‘false confessions’ tag

Giving a False Confession

January 13th, 2016 at 9:35 am

Illinois defense lawyer, Illinois criminal attorney, criminal defense, Many people who have been taken into custody feel pressured and scared. When criminal suspects do not know their rights, there is a chance that law enforcement will take liberties with the suspect, questioning them and trying to draw out a confession, when the suspect should have asked for an attorney. Juveniles accused of a crime are particularly at risk for this to happen to them. Sometimes, law enforcement will say that the suspect admitted to something, or confessed, when in reality they did not, or sometimes law enforcement will twist something the suspect says and call it a confession. Regardless of how it happens, these are not true confessions. They are fake or coerced, and should not be taken as the truth.

Police and prosecutors will treat a false confession as if it were real, and proving that the confession was fake or coerced from the start can be challenging. A false confession can lead to a criminal conviction, a long prison sentence, and a lasting criminal record.

Why Do Suspects Give False Confessions in the First Place?

There are a number of reasons why a suspect might give a false confession. They might be overwhelmed by the whole situation, they might be pressured into the false confession, or police might have threatened the suspect into confessing or tricked the suspect by using psychological manipulation. The police might suggest that they have more evidence than they really do against the suspect, or that the charges that the suspect faces are less serious than they really are. These techniques can all be used to elicit a false confession from a criminal suspect.

Some suspects are vulnerable from the outset, and are more likely than the average person to give a false confession. Criminal suspects who have developmental disabilities, cognitive impairments, or emotional issues are more likely to crack under pressure, or are more likely to not understand what it is that they are doing. These individuals can be susceptible to influence, high-pressure tactics, and the power of suggestion.

Additionally, young individuals who are facing criminal charges may not fully understand the impact of what giving a false confession means for them. A young person might give a false confession because they are scared, or because they are trying to cover for their friends who perpetrated the crime. Juveniles often have an imperfect understanding about what the consequences are to admitting criminal guilt.

Anyone who is facing criminal charges should ask for an experienced criminal lawyer and should not tell the police anything until discussing their situation with a lawyer first.

Call the Law Offices of Christopher M. Cosley

Giving a false confession is a serious matter, because it can lead to a conviction which can put you in jail for a crime you did not commit. Let an experienced Rolling Meadows criminal defense attorney help you develop your criminal defense if you are facing charges. Please contact the Law Offices of Christopher M. Cosley. We can also be reached by calling (847) 394-3200.

 

Sources:

http://www.innocenceproject.org/causes-wrongful-conviction/false-confessions-or-admissions

Juveniles Are More Likely to Be Bullied into False Confessions

January 8th, 2015 at 8:32 am

Illinois defense attorney, police bullying tactics, Illinois criminal lawyer,The television news show 60 Minutes called Chicago the false confession capital of the United States just a couple of years ago. This is because there are twice as many documented cases of false confessions in the Chicago area as there are in there are in any other city in the country. A false confession is what happens when an innocent person commits a crime he or she did not commit. It may seem like no one would ever do this, but unfortunately it happens regularly, even in serious felony cases. While adults sometimes confess falsely, false confessions are even more common amongst juveniles.

Study Shows False Confessions More Common Amongst Juveniles

The Innocence Project is the organization that is responsible for using DNA evidence to prove that hundreds of prisoners in the United States were actually innocent. Last year they reported on a new study that shows false confessions are more likely among juveniles. The study was conducted by Florida International University, and was funded by the National institute of Mental Health. A psychologist, Lindsay C. Malloy, examined the interrogations, confessions, and guilty pleas of 193 teenage boys between the ages of 14 and 17 who were convicted of serious crimes. The results of the study showed that these teens were much more likely to falsely confess than their older counterparts.

Of those wrongfully convicted and then later proven innocent by DNA evidence, roughly 30 percent of the innocent defendants confessed to some degree or even pled guilty. Part of the reason that juveniles are so likely to fall into this trap is that they can be easier for interrogators to manipulate and they sometimes do not fully understand their situation. While even adults often times do not understand that they should not talk to police about a crime they are suspected of committing without having an attorney present, young people have an even worse understanding of this concept. They often believe if they say they are guilty (even if they are not) that investigators will let them go home.

A Video Taped Coerced Juvenile Confession

CBS San Francisco reported last year on a video taped coerced confession by a teenager. The interrogation started with the 15-year-old boy insisting to police that he “wasn’t there” as they questioned him about a gang shooting. The cops responded to him by saying, “That’s not really going to work, and its not going to be to your benefit to lie about what happened out there…” The cops told him that he was going to jail and that he needed to help himself by telling the truth. They even said that two witnesses had picked him out of a photo lineup. It is unclear from the CBS report whether witnesses actually had picked the juvenile out, but even if they had not, police are legally allowed to lie about such things.

The boy kept insisting he was innocent for an hour, until the cops left him in the interrogation room. He cried. The cops came back and kept pushing him, telling him that he was making a mistake by sticking to his story of innocence. After four hours, he cracked and told the cops he was involved in the crime, but that he was drunk so he didn’t remember the details. The state then convicted him of being an accomplice in the shooting. Now numerous experts who have reviewed the tape of the confession agree that it was coerced. And after 10 years in prison the prosecution’s star witness against the teen admitted his story that the boy was involved in the shooting was a lie. The hope is that these developments will lead to the release of the teenager, who is now in his mid-20s.

Criminal Defense Attorney

If your child is accused of a crime, you will need the help of an experienced criminal defense lawyer. This is especially true if the young person in your life has made incriminating statements to police. Contact the experienced Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley and schedule a consultation. Whether its a traffic matter or a serious felony, we can help.

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