Confessions: Ancillary Issues Under the Exclusionary Rule and Discretion

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print February 1998 | ISBN: 9780198262695
Published online March 2012 | e-ISBN: 9780191682391 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

Confessions: Ancillary Issues Under the Exclusionary Rule and Discretion

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The rule for confessions and the exclusionary discretion for confessions and other evidence have been discussed in the previous chapters. It is now appropriate to examine a number of ancillary issues, all concerned with or arising out of the law relating to confessions. A rather different problem arises where the accused denies making a confession, yet admits putting his signature at the end of a written statement, but goes on to allege that he was persuaded to sign by some oppressive conduct on the part of the police. In addition to the involuntary signature, other ancillary issues under the exclusionary rule and discretion include the no ‘person in authority’ requirement, use of excluded confessions other than by the prosecution as part of its case, and evidence yielded by inadmissible confessions.

Keywords: confessions; exclusionary discretion; exclusionary rule; involuntary signature; police; accused; person in authority; prosecution; inadmissible confessions

Chapter.  6665 words. 

Subjects: Criminal Law

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