Paving The Way To Justice

Cassandra Stamm
Paving The Way To Justice

Can a false confession be a ground for reversing my conviction?

On Behalf of | Aug 13, 2024 | Criminal Law

Not all confessions are actual admissions of guilt. Some can be confessions made under duress or in hopes that one can get leniency or shorter release if they admit to a crime they did not do.

Here are some key points about false confessions that may lead to a conviction reversal.

Implied coercion or deception

Confessions extracted by police are among the leading causes of wrongful convictions. In some cases, suspects confess because police lead them to believe they could receive leniency or be released after doing so. While police are allowed to use deceptive interrogation techniques, they are not allowed to misrepresent a suspect’s rights, including telling a suspect their statements will not be used to charge them in court.

The court frowns upon psychological coercion and lengthy interrogations without a break, which may lead to favorable conviction appeals if proven.

Violation of due process

Confessions obtained while violating due process can be grounds for reversing a conviction. If the police did not tell you your Miranda Rights or led you to believe you did not need a lawyer to undergo interrogation, you may have cause to ask for a reversal of your conviction.

Some states, like Hawaii, require recorded custodial interrogations to ensure transparency and due process. Confessions gained through threats of harsher punishment if you do not confess or promises of leniency if you do may make your confession inadmissible.

Challenging your conviction

If you believe you have been wrongly convicted due to a false confession, you may challenge your conviction even after the trial. Post-conviction relief is a legal right afforded to all convicted criminals.