What is CONFESSION? Definition of CONFESSION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
In criminal law. A voluntary statement made by a person charged with the commission of a crime or misdemeanor, communicated to another person, wherein he acknowledges himself to be guilty of the offense charged, and discloses the circumstances of the act or the share and participation which he had in it. Spicer v. Com., 21 Ky.L.Rep. 528, 51 S.W. 802. State v. Gibson, 69 N.D. 70, 284 N.W. 209, 214, 215, 219; Sango v. State, 52 Okl.Cr. 359, 5 P.2d 400, 401; Edwards v. State, Okl.Cr.App., 288 P. 359, 361. Also the act of a prisoner, when arraigned for a crime or misdemeanor, in acknowledging and avowing that he is guilty of the offense charged.
"Confession" comprises whole criminal charge; where- as, "admission" relates only to particular fact or circumstance covered thereby. State v. Davis, 212 Iowa 131, 235 N.W. 759, 761.
Classification
Confessions are divided into judicial and extrajudicial. The former are such as are made before a magistrate or court in the due course of legal proceedings; they include confessions made in preliminary examinations before magistrates. Mularkey v. State, 199 Wis. 269, 225 N.W. 933, The latter are such as are made by a party elsewhere than in court or before a magistrate, 1 Greenl. Ev. § 216, State v. Corey, 182 Minn. 48, 233 N.W. 590, 591; Foster v. State, 79 Okl.Cr. 183, 152 P.2d 929, 932; Louette v. State, 152 Fla. 495, 12 So.2d 168, 172; whether to an official or non official person, Prather v. State, 76 Okl.Cr. 385, 137 P.2d 249, 252. One made by the party out of court, or to any person, official or otherwise, when made not in the course of a judicial examination or in vestigation. State v. Stevenson, 98 Or. 285, 193 P. 1030, 1032.
An implied confession is where the defendant, in a case not capital, does not plead guilty but indirectly admits his guilt by placing himself at the mercy of the court and asking for a light sentence. 2 Hawk. P. C. p. 469; State v. Conway, 20 R.I. 270, 38 A. 656. An indirect confession is one inferred from the conduct of the defendant. An involuntary confession is one induced by hope, promise, fear, violence, torture, or threat. Lyons v. State, 77 Okl.Cr. 197, 138 P.2d 142, 148; Lyons v. State, 140 P.2d 248. People v. Tielke, 259 Ill. 8$, 102 N.E. 229, 231. A naked confession is an admission of the guilt of the party, but which is not supported by any evidence of the commission of the crime. A relative confession, in the older criminal law of England, "is where the accused confesseth and appealeth others thereof, to become an approver," (2 Hale, P. C. c. 29,) or in other words to "turn king's evidence." This is now obsolete, but something like it is practiced in modern law, where one of the persons accused or supposed to be involved in a crime is put on the witness stand under an implied promise of pardon. State v. Willis, 71 Conn. 293, 41 A. 820. A simple confession is merely a plea of guilty. Black's Law Dictionary Revised 4th Ed.-24 State v. Willis, 71 Conn. 293, 41 A. 820. A voluntary confession is one made spontaneously by a person accused of crime, free from the influence of any extraneous disturbing cause, and in particular, not influenced, or extorted by violence, threats, or promises. State v. Clifford, 86 Iowa, 550, 53 N.W. 299, 41 Am.St.Rep. 518.
No confession induced by official threat of prosecution is voluntary. Cannan v. U. S., C.C.A.Tex., 19 F.2d 823, 824; State v. Dolan, 86 N.J.L. 192, 90 A. 1034, 1035.
It need not be spontaneous nor proceed wholly at maker's suggestion, but may be set in motion by external causes, so long as such influences are not what the law deems i mproper. People v. Vinci, 295 111. 419, 129 N.E. 193, 195.
For extrajudicial confession, see, also, the title Extrajudicial.
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