Criminal Evidence Confessions

Confessions is always a high standard for evidence, also is target for each police investigation. It has a high value to determine the true of cases, even though sometimes it may have some risks related that this confession may be unreliable tend to miscarriages in criminal conviction.

Confession can be admissible in informal way, it depends on in aspect that: whether confession is from suspect who is voluntary in nature; if it is voluntary, it may be accepted or the judge determines that it is not reliable inherently then it should be inadmissible.

A forensic procedural frame is created for assessing admissibility of confession evidence to improve and avoid miscarriages in justice operation, law constructed rules to regulate about police interrogation process that will take confessions from suspects; these regulations is enacted to ensure the objectivity and reliability for each confession given at court. Confession is rejected when determined that it was taken from suspects by oppression or under one custodial process that is said and done will significantly influent confession and its reliability. The other hand, confession has to be from a legal way, there is no doubt for taking confession process. There is a need to have a forensic interrogative frame to ensure the legality and reliability of confession. In fact, the issues are the police when they arrest a suspect and threaten to torture or even threat them; all the ways of police to treat detainees will significantly impact to psychology of detainees and lead to risks that they will make a false confession.

When police have enough rationales to believe that necessarily arrest someone for a custody to take evidence by interrogation. About time for custody , if detain them without charge on the authorization of police officers for up to 36 hours, and it can be extended necessarily maximum 96 hours. Time for custody a terrorist may be longer.

In interrogative process, law provides rights for detainee is to have a custodial legal advice when they request; no incommunicado; inform for them the reason why they are arrested, time and where they are in custody. They have the right to know all their legal rights. But in reality, the difficulties are around the legal advices, detainee is free to request an advice but whether this legal advices are competent enough for legal advice or to reinforce their mental.

About taking the confession from vulnerable suspects, they always need to have a qualified legal person to seat with them through interrogation to gain the reliability and guarantee for detainee's rights. But there is a risk from his defence in court that his confession is unreliability and untrue.

The confession of co-accused is not a dependent piece of evidence, it is used to inform and verify conclusions drawn from the other evidence, in this case is to use one confession to verify the confession of other people.

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