UTILITY OF CONFESSIONAL STATEMENTS IN CRIMINAL CASES


UTILITY OF CONFESSIONAL STATEMENTS IN CRIMINAL CASES  

AbstractA person standing trial for a criminal offence enjoys the presumption of innocence until his guilt is proved, the proof of which must be beyond reasonable doubt. Nonetheless, the suspect can confess to the commission of the crime and the court is empowered to convict, based on the weight of such confession. Incidentally, the court is often faced with objections to the admissibility of confessional statements based on the ground of retraction or involuntariness.Despite increased evidence that confessions may be unreliable, they remain the gold standard of evidence for police investigations. One reason for the rejection of some confessional statements is that when confessions are not voluntary there is the danger of the accused falsely implicating himself. Different countries have different rules governing the admissibility of confessions. These rules serve to guarantee that wrongful convictions do not occur. They also serve as a deterrent to abusive interrogation by the police. Some interrogative techniques violate the defendant’s free-will or procedural rights. In this research work, while relying on judicial and statutory authorities, the researcher takes a look at what confessions are. He goes further to examine the relationship between confessions, the factors that affect the admissibility of a confessional statement, and other facts related to confessions, options open to an accused person whenever a confessional statement alleged to have been made by him is sought to be tendered before the court and time to raise objection. It also focuses on the trial within trial ordered whenever the admissibility of a confessional statement is challenged on the ground of involuntariness. Particular attention is given to the position of the law in Nigeria, although references are also made to other jurisdictions. This research focuses on extra-judicial confessions.Chapter one of the work is the General introduction, which comprise of aims and objectives of study, scope of study, research methodology, statement of the problem, literature review, definition of major terms, structure/brief outline of the work. But it is not included in this work.Chapter two of this work gives an insight into nature, scope and relevance of confessional statement; and the judge’s rule and their application in Nigeria. Chapter three focuses on utility of confessional statement in criminal trials; circumstances in which confessional statement are admissible and circumstances in which confessional statements may be vitiated.Chapter four predominantly dwelled on retracted confessional statement and its effect on criminal trials in Nigeria. This chapter also examines whether retraction of previous confessional statements affects its admissibility and reasons why accused persons may resile from their earlier statements. Lastly, Chapter five is the general Conclusion.

 Table of ContentCHAPTER TWOANALYSIS OF CONFESIONAL STATEMENT2.0   INTRODUCTION ……………………………………………………. 122.1     NATURE AND SCOPE OF CONFESIONAL STATEMENT...132.2  THE LAW AND NATURE OF VOLUNTARY CONFESSIONAL STATEMENT ……………………………………………………….. 172.3     RELEVANCY OF VOLUNTARY CONFESSIONAL STATEMENT ……………………………………………………….. 212.4     THE JUDGE'S RULES AND ITS ENFORCEABILITY IN NIGERIA. 252.5     CONCLUSION ………………………………………………………..31 CHAPTER THREETHE TESTS OF ADMISSIBILITY OF CONFESSIONS UNDER THE LAW3.0    INTRODUCTION ………………………………………………….. 323.1     RETRACTION VERSUS INVOLUNTARINESS OF CONFESSIONAL STATEMENT …………………………………………………………343.2     THE UTILITY OF CONFESSIONAL STATEMENTS IN CRIMINAL TRIALS ……………………………………………………………….. 353.3     CIRCUMSTANCES IN WHICH CONFESSIONAL STATEMENT ARE ADMISSIBLE ………………………...…393.4     CIRCUMSTANCES IN WHICH CONFESSIONAL STATEMENTS MAY BE VITIATED ………………………………………………… 433.4.1  UNRELIABLE CONFESSIONS.……………...……………….....  43      3.4.1.1 REFUSAL TO GRANT ACCESS TO COUNSEL. ……………… 433.4.1.2 FAILURE TO COMPLY WITH RULES OF CUSTODIAL INTERROGATION. …………………………………………………443.4.1.3 THE MIRANDA WARNINGS. ………………………………………453.4.1.4 INDUCEMENT OR PROMISE. ……………………………………453.4.1.5 CONFESSION MADE THROUGH AN INTERPRETER …... 473.4.1.6 OTHER FACTORS AFFECTING RELIABILITY. ………………..483.4.2  CONFESSIONS OBTAINED BY OPPRESSION …………………..483.4.2.1 MEANING OF OPPRESSION ……………………………………..493.4.2.2 TORTURE, VIOLENCE OR THREATS …………………………..493.4.2.3 DENIAL OF FOOD OR NECESSITIES ……………………………503.4.2.4 UNDUE HOSTILITY OR INTIMIDATING CONDUCT …………..503.4.2.5 PROLONGED CUSTODY OF THE DEFENDANT ……………….523.5   TIME OF RAISING OBJECTION IN COURT AS TO INVOLUNTARINESS OF CONFESSIONAL STATEMENT ……….. 523.6   TRAIL-WITHIN-TRIAL AND ITS ESSENCE …………………………533.7     CONCLUSION CHAPTER FOURRETRACTION OF CONFESSIONAL STATEMENT4.0    INTRODUCTION ………………………………………………… 564.1    RETRACTION OF CONFESSIONAL STATEMENT. …………….564.2 THE EFFECT OF RETRACTION OF CONFESSIONAL STATEMENT IN CRIMINAL TRIALS IN NIGERIA ………………………..584.3     THE ADMISIBILITY OF RETRACTED CONFESSIONAL STATEMENT. ……………………………………….……………….664.4     CONCLUSION ………………………………………………………66 CHAPTER FIVEGENERAL CONCLUSION AND RECOMMENDATION5.1     CONCLUSION ……………….……………………………………….675.2     RECOMMENDATION ……………………………………………….70No BIBLIOGRAPHY, Just footnotes

 

.

UTILITY OF CONFESSIONAL STATEMENTS IN CRIMINAL CASES



TYPE IN YOUR TOPIC AND CLICK SEARCH.






RESEARCHWAP.ORG
Researchwap.org is an online repository for free project topics and research materials, articles and custom writing of research works. We’re an online resource centre that provides a vast database for students to access numerous research project topics and materials. Researchwap.org guides and assist Postgraduate, Undergraduate and Final Year Students with well researched and quality project topics, topic ideas, research guides and project materials. We’re reliable and trustworthy, and we really understand what is called “time factor”, that is why we’ve simplified the process so that students can get their research projects ready on time. Our platform provides more educational services, such as hiring a writer, research analysis, and software for computer science research and we also seriously adhere to a timely delivery.

TESTIMONIES FROM OUR CLIENTS


Please feel free to carefully review some written and captured responses from our satisfied clients.

  • "Exceptionally outstanding. Highly recommend for all who wish to have effective and excellent project defence. Easily Accessable, Affordable, Effective and effective."

    Debby Henry George, Massachusetts Institute of Technology (MIT), Cambridge, USA.
  • "I saw this website on facebook page and I did not even bother since I was in a hurry to complete my project. But I am totally amazed that when I visited the website and saw the topic I was looking for and I decided to give a try and now I have received it within an hour after ordering the material. Am grateful guys!"

    Hilary Yusuf, United States International University Africa, Nairobi, Kenya.
  • "Researchwap.org is a website I recommend to all student and researchers within and outside the country. The web owners are doing great job and I appreciate them for that. Once again, thank you very much "researchwap.org" and God bless you and your business! ."

    Debby Henry George, Massachusetts Institute of Technology (MIT), Cambridge, USA.
  • "Great User Experience, Nice flows and Superb functionalities.The app is indeed a great tech innovation for greasing the wheels of final year, research and other pedagogical related project works. A trial would definitely convince you."

    Lamilare Valentine, Kwame Nkrumah University, Kumasi, Ghana.
  • "I love what you guys are doing, your material guided me well through my research. Thank you for helping me achieve academic success."

    Sampson, University of Nigeria, Nsukka.
  • "researchwap.com is God-sent! I got good grades in my seminar and project with the help of your service, thank you soooooo much."

    Cynthia, Akwa Ibom State University .
  • "Sorry, it was in my spam folder all along, I should have looked it up properly first. Please keep up the good work, your team is quite commited. Am grateful...I will certainly refer my friends too."

    Elizabeth, Obafemi Awolowo University
  • "Am happy the defense went well, thanks to your articles. I may not be able to express how grateful I am for all your assistance, but on my honour, I owe you guys a good number of referrals. Thank you once again."

    Ali Olanrewaju, Lagos State University.
  • "My Dear Researchwap, initially I never believed one can actually do honest business transactions with Nigerians online until i stumbled into your website. You have broken a new legacy of record as far as am concerned. Keep up the good work!"

    Willie Ekereobong, University of Port Harcourt.
  • "WOW, SO IT'S TRUE??!! I can't believe I got this quality work for just 3k...I thought it was scam ooo. I wouldn't mind if it goes for over 5k, its worth it. Thank you!"

    Theressa, Igbinedion University.
  • "I did not see my project topic on your website so I decided to call your customer care number, the attention I got was epic! I got help from the beginning to the end of my project in just 3 days, they even taught me how to defend my project and I got a 'B' at the end. Thank you so much researchwap.com, infact, I owe my graduating well today to you guys...."

    Joseph, Abia state Polytechnic.
  • "My friend told me about ResearchWap website, I doubted her until I saw her receive her full project in less than 15 miniutes, I tried mine too and got it same, right now, am telling everyone in my school about researchwap.com, no one has to suffer any more writing their project. Thank you for making life easy for me and my fellow students... Keep up the good work"

    Christiana, Landmark University .
  • "I wish I knew you guys when I wrote my first degree project, it took so much time and effort then. Now, with just a click of a button, I got my complete project in less than 15 minutes. You guys are too amazing!."

    Musa, Federal University of Technology Minna
  • "I was scared at first when I saw your website but I decided to risk my last 3k and surprisingly I got my complete project in my email box instantly. This is so nice!!!."

    Ali Obafemi, Ibrahim Badamasi Babangida University, Niger State.
  • To contribute to our success story, send us a feedback or please kindly call 2348037664978.
    Then your comment and contact will be published here also with your consent.

    Thank you for choosing researchwap.com.