Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

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

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation