Confession - Good for the Soul . . .
But really, really bad for the case. I am always astounded at people's willingness to tell others - friends, family, THE POLICE - that they have committed a crime. Really, there are some things that shouldn't be shared, and if they are, can and will be used against you in court.
I've never had a deep, dark secret, so maybe therein lies my confusion about why on earth you would choose to disclose something that could land your ass in prison. I imagine that maybe it's like a pressing weight on your chest, an itch that can never be satisfied - maybe it tugs and tugs at you and the only relief is: (Ah!) to tell someone.
Here's a few reasons why that's maybe not such a good idea:
(1) If it involves harm to a child, whoever you tell it to probably has a statutory duty to report it. This includes, but is not limited to: counselors, clergy, and social workers. Check out Texas Family Code Section 261.101 which requires just about anyone (including a lawyer), to report. Interestingly, the drafters of the statute did not address the little issue of attorney-client privilege and the glaring conflict between this provision and a lawyer's duty of representation. Yikes.
(2) Whatever relief or absolution you get from telling will be pale in comparison to the prison sentence you will have just earned for yourself. Confessions (even false ones) are powerful evidence. With a few rare exceptions for legal reasons, they will likely be admissible against you at trial, and they will help ensure your speedy conviction.
(3) "But they didn't read me my rights!" This is one of my favorites. Somehow mainstream TV shows have convinced the general public that if the police don't read you your "rights," the whole case just goes away. WRONG. Miranda warnings only apply to people in custody: a.k.a. you are under arrest or the functional equivalent. If you voluntarily go down to the police station and give a statement, it's coming into evidence - warnings or not.
(4) "But the police just want to hear my side of the story." A close second on my favorites list. That may be entirely true, but please remember when you cheerfully head down to your local police station to give your side of the story, you will likely not be meeting with Barney Fife who wants to understand your perspective on the matter, but rather a skilled interrogator trained to gain admissions from you. Even if you have a completely innocent explanation, odds are they're not going to buy it. You are the target of the investigation - and their job is to get the evidence to prove it. Do the math, folks.
(5) As in many areas of performance, most people think they are better liars than they actually are. If you have committed a crime and think you can convince the police otherwise with some half-baked version of what happened, you are deluding yourself (except for the true sociopath who can lie without batting an eye).
The moral of the story is: even if you are as innocent as the pure driven snow, our system is not necessarily set up to recognize that (if you don't believe me, google "exoneration" and see how many people have fallen into this trap). Recognize that and contact a friendly criminal attorney near you before talking to anyone.
I've never had a deep, dark secret, so maybe therein lies my confusion about why on earth you would choose to disclose something that could land your ass in prison. I imagine that maybe it's like a pressing weight on your chest, an itch that can never be satisfied - maybe it tugs and tugs at you and the only relief is: (Ah!) to tell someone.
Here's a few reasons why that's maybe not such a good idea:
(1) If it involves harm to a child, whoever you tell it to probably has a statutory duty to report it. This includes, but is not limited to: counselors, clergy, and social workers. Check out Texas Family Code Section 261.101 which requires just about anyone (including a lawyer), to report. Interestingly, the drafters of the statute did not address the little issue of attorney-client privilege and the glaring conflict between this provision and a lawyer's duty of representation. Yikes.
(2) Whatever relief or absolution you get from telling will be pale in comparison to the prison sentence you will have just earned for yourself. Confessions (even false ones) are powerful evidence. With a few rare exceptions for legal reasons, they will likely be admissible against you at trial, and they will help ensure your speedy conviction.
(3) "But they didn't read me my rights!" This is one of my favorites. Somehow mainstream TV shows have convinced the general public that if the police don't read you your "rights," the whole case just goes away. WRONG. Miranda warnings only apply to people in custody: a.k.a. you are under arrest or the functional equivalent. If you voluntarily go down to the police station and give a statement, it's coming into evidence - warnings or not.
(4) "But the police just want to hear my side of the story." A close second on my favorites list. That may be entirely true, but please remember when you cheerfully head down to your local police station to give your side of the story, you will likely not be meeting with Barney Fife who wants to understand your perspective on the matter, but rather a skilled interrogator trained to gain admissions from you. Even if you have a completely innocent explanation, odds are they're not going to buy it. You are the target of the investigation - and their job is to get the evidence to prove it. Do the math, folks.
(5) As in many areas of performance, most people think they are better liars than they actually are. If you have committed a crime and think you can convince the police otherwise with some half-baked version of what happened, you are deluding yourself (except for the true sociopath who can lie without batting an eye).
The moral of the story is: even if you are as innocent as the pure driven snow, our system is not necessarily set up to recognize that (if you don't believe me, google "exoneration" and see how many people have fallen into this trap). Recognize that and contact a friendly criminal attorney near you before talking to anyone.
Labels: Child Sexual Assault; Law, Law Etc., Rants and Raves, The Practice
posted by Marjorie Bachman at
9:34 PM
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