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Miscarriages Of Justice Originating From False Or Unreliable Confessions And Plea Agreements

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Chapter Summary

The phenomenon of miscarriage of justice is the issue of false or unreliable confessions. Several domestic criminal cases in the United States, the Netherlands, and the United Kingdom reveal the relationship between such confessions and miscarriages of justice, in that convictions were overturned by virtue of the establishment of false confessions that underlied the initial conviction. The subject of false confession can be divided into three categories, voluntary false confessions, coerced-compliant false confessions and coerced-internalized false confessions. Suggestibility and compliance are determinative for the establishment of false confessions. In the context of false confessions, the element of mental retardation deserves specific attention when assessing retrial possibilities. The Court of Appeal leaves open the possibility that violations of fair trial rights, discovered post-conviction, may invalidate a guilty plea and constitute a retrial argument.

Keywords: false confessions; guilty plea; miscarriage of justice; retrial argument; unreliable confessions

10.1163/ej.9781571053602.i-212.24
/content/books/10.1163/ej.9781571053602.i-212.24
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