Pi Posted February 9, 2006 Why is it always being called an alleged confession? When does a confession become an actual confession? I mean if it was on tape (the confession) would it be called alleged? I bet lawyers would find a way even to explain away actual confessions, whatever it is. Quote Share this post Link to post Share on other sites
ElPunto Posted February 9, 2006 ^It becomes an actual confession when the phone call has been verified and the alleged confession he made to the police was not under undue circumstances or pressure. Essentially when the judge admits into evidence - it is an actual confession. Quote Share this post Link to post Share on other sites
Castro Posted February 9, 2006 Undue circumstances? Like what? Torture? In Hennepin county? Here's the Miranda rights a suspect (or defendent) is read: 1) You have the right to remain silent and refuse to answer questions. Do you understand? 2) Anything you do say may be used against you in a court of law. Do you understand? 3) You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? 4) If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? 5) If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? 6) Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? Once the defendent answers all six questions in the affirmative, the questioning begins and not a moment before. If there's a no answer to any of them, a confession may not be extracted or be admissible in court. A defendent cannot claim misunderstanding due to language difficulties. That's the first question an officer of the law would ask. "Do you speak English?". If no, an (approved) interpreter must be found. Having met all the conditions above, a judge has no choice but to admit such confession as evidence. Quote Share this post Link to post Share on other sites
ElPunto Posted February 9, 2006 Easy, dear Castro! You seem unsually worked up about this. Even when read your rights there are coerced or forged or distorted confessions. I'm sure you know that. Let's see what the judge rules regarding confession. Then, we can refer to it as a regular confession instead of alleged. Quote Share this post Link to post Share on other sites
JustCause Posted February 10, 2006 “Having met all the conditions above, a judge has no choice but to admit such confession as evidence.†I would suggest Castro give the judge a chance then to admit it and in the meantime chill. Quote Share this post Link to post Share on other sites
Rowda Posted February 10, 2006 Miskiin,sifiican ayaan kuu fahmay & waad kumahad santahay. I really liked Sungubs work, its something that most of us can only wish for and believe me aad baan uga xumaaday markii ugu horeysay oola iisheegay waxa dhacay. Laakiin markii aan wacay gabdho saaxiibaday ah oo ay isku qoys yihiin waxay igu yiraahday dadkoo dhan waxay leeyihiin sangub balwad malaha aan naagaha ka'aheen, wuuna faradhaadheer yahay. Although, I understand your frustaration and sympathy, however,I can't helped but to ask you this one question. Why can you look from the girls prospective?? I mean she is maximum 22yrs, garbadh soomaliyeed, someone's daughter , sister, and friend who has no reason to make such acusation plus sumcadeeda is on the line. Marka naxariista aad udareemaysid Sungub maad ayadana udareentid? "We do know it well that episode in the Quraan regarding Caasho [r.c.]. Eebbe didn't reveal a verse regarding that quickly, but after the rumours were persistent, it was tantamount to settle the rumours once and for all; Eebbe then warned us not to believe anything quickly that we have no knowledge of". I totally agree and ilaahay khayr hakaa siiyo. Quote Share this post Link to post Share on other sites