The Prosecutorial Supervision of Coerced——Compliant False Confessions
Hua Chen
Abstract
Hua Chen
Abstract
Coerced-compliant false confession, as one type of false confessions, which often happens in the police interrogation procedure, and is also the main cause producing the wrong criminal cases. Coerced-compliant false confession has something to do with the compliance, suggestibility and the survival instincts demand of the criminal suspect. But the most important reason of coerced-compliant false confession is that the instrumental rationality has overwhelming exceeded the value rationality in police and the criminal suspects have to make the incrimination confessions so as to escape from the police pressure. On this occasion, in order to get the suspects' confessions, the police trend to ill-treat the suspects during the interrogation, including the physical cruelty and mental torment. There are three valid measures to reduce the coerced-compliant false confession during the prosecutorial supervision, including enhancing the requirements on approval of arrest,strengthening the supervision of interrogation and improving the quality of the confessions.
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Coerced-compliant false confession, as one type of false confessions, which often happens in the police interrogation procedure, and is also the main cause producing the wrong criminal cases. Coerced-compliant false confession has something to do with the compliance, suggestibility and the survival instincts demand of the criminal suspect. But the most important reason of coerced-compliant false confession is that the instrumental rationality has overwhelming exceeded the value rationality in police and the criminal suspects have to make the incrimination confessions so as to escape from the police pressure. On this occasion, in order to get the suspects' confessions, the police trend to ill-treat the suspects during the interrogation, including the physical cruelty and mental torment. There are three valid measures to reduce the coerced-compliant false confession during the prosecutorial supervision, including enhancing the requirements on approval of arrest,strengthening the supervision of interrogation and improving the quality of the confessions.
Key concepts: Confession (law), Interrogation, Suspect, Suggestibility, Psychology, Criminology, Rationality, Law