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A Critical Analysis on Admissibility of Confessional Statements: Limitations and Realities.

Authors :
Amin, Md. Al
Suhag, Md. Tajul Islam
Source :
ASA University Review. Jul-Dec2016, Vol. 10 Issue 2, p43-57. 15p.
Publication Year :
2016

Abstract

Confessions are out of court admissions of guilt which conform to certain rigidly defined requirements. A person who confesses to a crime acknowledges his liability and/or responsibility for the commission of crime. The distinction between confessions and other selfincriminating extra-curial statements have been brought out by the fact that confessions and admissions have received different treatment in the field of criminal procedure and evidence. Because of its importance and its potency in criminal evidence confessions are subject to more stringent prerequisites for admissibility than admissions. The only requirement for the admissibility of an admission is that it must be made voluntarily and must be true, however, before a confession will be admitted into evidence the general rule is that the prosecution must establish that the confession was made freely and voluntarily by the accused whilst in sound and sober senses and without having been unduly influenced thereto. It is therefore easier to render a confession inadmissible on the grounds of involuntariness or some other statutory disqualification than an admission. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
19976925
Volume :
10
Issue :
2
Database :
Academic Search Index
Journal :
ASA University Review
Publication Type :
Academic Journal
Accession number :
125345917