6 Lies Police Cannot Use During An Interrogation
Following up on yesterday's post 7 Lies Police Can Use During an Interrogation, today I present you the six lies police cannot use during an interrogation.
1. Assurances of divine salvation upon confession.
2. Promises of mental health treatment in exchange for a confession.
3. Assurances of treatment in a "nice hospital" (in which the defendant could have his personal belongings and be visited by his girlfriend) in lieu of incarceration, in exchange for a confession.
4. Promises of more favorable treatment in the event of a confession.
5. Misrepresentations of legal principles, such as (a) suggesting that the defendant would have the burden of convincing a judge and jury at trial that he was "perfectly innocent" and had nothing to do with the offense, (b) misrepresenting the consequences of a "habitual offender" conviction, and (c) holding out that the defendant's confession cannot be used against him at trial.
6. Misrepresentations by an interrogating police officer, who is a close friend of the defendant, that the defendant's failure to confess will get the officer into trouble with his superiors and jeopardize the well-being of the officer's wife and children.
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There are a few other forms of police misrepresentation that might render a confession invalid. First, the defense of entrapment by estoppel may apply if a government official falsely tells a suspect that certain illegal conduct is in fact legal and the suspect, believing the official, goes ahead and does it. Second, while at least one court has approved the admission of evidence obtained by an officer posing as a witness to the crime who is trying to blackmail the defendant, experts suggest that an undercover officer who poses as a member of the clergy or a defense lawyer would be crossing the line. And some courts have suggested that they would exclude statements made by a suspect who provided self-incriminating information while relying on a police officer's promise of immunity – which typically isn't in the police's power to grant.
1. Assurances of divine salvation upon confession.
2. Promises of mental health treatment in exchange for a confession.
3. Assurances of treatment in a "nice hospital" (in which the defendant could have his personal belongings and be visited by his girlfriend) in lieu of incarceration, in exchange for a confession.
4. Promises of more favorable treatment in the event of a confession.
5. Misrepresentations of legal principles, such as (a) suggesting that the defendant would have the burden of convincing a judge and jury at trial that he was "perfectly innocent" and had nothing to do with the offense, (b) misrepresenting the consequences of a "habitual offender" conviction, and (c) holding out that the defendant's confession cannot be used against him at trial.
6. Misrepresentations by an interrogating police officer, who is a close friend of the defendant, that the defendant's failure to confess will get the officer into trouble with his superiors and jeopardize the well-being of the officer's wife and children.
....
There are a few other forms of police misrepresentation that might render a confession invalid. First, the defense of entrapment by estoppel may apply if a government official falsely tells a suspect that certain illegal conduct is in fact legal and the suspect, believing the official, goes ahead and does it. Second, while at least one court has approved the admission of evidence obtained by an officer posing as a witness to the crime who is trying to blackmail the defendant, experts suggest that an undercover officer who poses as a member of the clergy or a defense lawyer would be crossing the line. And some courts have suggested that they would exclude statements made by a suspect who provided self-incriminating information while relying on a police officer's promise of immunity – which typically isn't in the police's power to grant.