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  • 标题:Legal Digest: Confessions and the Constitution The Remedy for Violating Constitutional Safeguards
  • 本地全文:下载
  • 作者:Carl A. Benoit
  • 期刊名称:The FBI Law Enforcement Bulletin
  • 印刷版ISSN:0014-5688
  • 电子版ISSN:1937-4674
  • 出版年度:2010
  • 期号:4
  • 页码:1-9
  • 语种:English
  • 出版社:The Federal Bureau of Investigation
  • 摘要:Law enforcement officers investigating criminal activity within the United States have increasing amounts of technology to assist them in identifying those responsible for criminal conduct. Advances in DNA collection and testing, automated fingerprint identification, and a multitude of forensic techniques are only a few examples of the scientific tools available to the modern criminal investigator.1 However, despite all of the physical evidence collected in a particular case and all of the scientific analysis used to tie an individual to the commission of a crime, one nonscientific technique continues to play an important role in the investigation and prosecution of criminal activity: the confession. Confessions made to law enforcement officers continue to hold significant importance within the criminal justice process. Law enforcement officers seek to obtain confessions from individuals suspected of criminal activity even when the physical, scientific, or other evidence against an individual is overwhelming. Criminal defendants, faced with the possibility that their confessions may be used by the prosecution at trial, seek to keep their confessions out of court through legal challenges. Both parties recognize the continued influence of the words uttered by criminal defendants on a judge or a jury. There is something powerful in the words that describe the particular events, as well as the thoughts, actions, emotions, or motives, that would otherwise remain hidden and undiscovered from any scientific or forensic test. In 1961, U.S. Supreme Court Justice Felix Frankfurter made the following statement about confessions that still rings true today:.
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