Recanting a Statement: Navigating Confessions and Statements in Court

Being in court is complicated and confusing, but the process leading up to it is even more so. However, if you find yourself a part of the process (as a witness, the accused, or offering a statement to law enforcement), it’s important to know what to expect. In this blog post, we’ll be taking a look at what makes a confession, a witness, and the process of recanting a statement.

Two Components of a Court Case: The Confession and Witness

When looking at both possible defendants and witnesses, it’s important to understand what courts or lawyers may look at when evaluating both. We’ve discussed many times in our blog a criminal defense lawyer’s inclination to look at any confessions ahead of a trial to check for any foul play. Terms exist that describe the types of confessions a person may give under duress or make on their own volition.

An example of the latter would be a voluntary confession, but there also exist voluntary false confessions made by people who have no link to a crime but choose to confess for their own reasons. Famous examples of this include the Lindbergh baby kidnapping of 1932, where hundreds of people reportedly confessed to the crime despite not having anything to do with it. The same happened with the JonBenet Ramsey case, where a woman in Thailand confessed to the six-year-old’s murder.

As the examples suggest, many instances of voluntary false confessions come in response to highly publicized cases that make the media circuit. Those confessing may want to get their own corner of the spotlight or make some money off it.

Other types of confessions are much more negative in their connotations and involve some sort of interference from law enforcement; however, as we’ll talk about later, there are other situations where confessions or statements may fall into any of the following:

  • Coerced Confessions: A confession coaxed out of an individual through intimidation or false promises. The person confessing may admit to something they didn’t even do just to go home, get a lighter sentence, or dodge any aggression by police. Coercion tactics vary but may grow intense enough to the point where someone chooses to make a false confession.
  • Tortured Confessions: Like the name suggests, a tortured confession comes as the byproduct of torture.
  • Coerced-Internalized Confessions: A confession made after coercion where the defendant believes they committed said crime. This may occur after hours of interrogation and stress that causes a person to “break” and confess. However, rather than doing it because they think it’ll provide momentary relief, doubt sets in, and they may assume the accusations as true.

When examining a case, lawyers look into confessions thoroughly. In some cases, they can get a case thrown out altogether if they believe a confession was obtained through extrajudicial means. In others, they may advise a client to recant a statement—more on that later.

On the other side of the legal system are witnesses. As you might’ve seen in courtroom dramas, lawyers prepare a witness list to help prove their side of a case to a jury. The three common types of witnesses may add something different to a lawyer’s presentation of their argument:

  • Eyewitnesses are individuals who observed or participated in an alleged crime. Several consistent witness testimonies typically prove more successful in validating a lawyer’s argument. Eyewitnesses are sometimes considered unreliable if they can’t stand up to questioning and fall apart in the process.
  • Lawyers call expert witnesses to testify to provide professional knowledge on a given matter. This helps contextualize and ground the case in research, experience, and proven fact.
  • Defense attorneys often deploy character witnesses to speak to a defendant’s history of behavior. If this is called into question, a character witness may have the opportunity to answer questions as to their moral character to demonstrate innocence or for positive reflection on future incidents.

If you fall into either category, be headstrong with how you approach either a confession or a statement. Many may think they look like they’re incriminating themselves by calling a lawyer regardless of whether they’re a potential defendant or witness. Take our word, though: you never look like a criminal for wanting someone on your side.

A Brief Look at Corpus Delicti: A Legal Principle

Before we move forward, let’s quickly take a look at the legal principle of corpus delicti: one that relates directly to the weight of confessions and statements. Corpus delicti means “body of the law” in Latin, but in legal terms means that the alleged crime itself must have occurred independent of any admissions of guilt or convictions. For example, if someone confesses to a hit and run, but there’s no evidence of said hit and run happening, the person can’t face any charges.

How does this apply to the last section’s contents? If law enforcement coerces a person into making a false confession (or they do so on their own volition), they can’t hold charges against them unless they can confirm a crime was committed in the first place.

Recanting a Statement: An Example of Domestic Violence

In cases where a person has made a statement to law enforcement, there may be a possibility of recanting that statement. However, it’s essential to understand that the process is not as simple as changing your mind. Recanting a statement can have severe consequences, so it’s crucial to consult with a knowledgeable criminal defense attorney before making any decisions.

One example where recanting a statement might be relevant is in cases of domestic violence. In these situations, a victim may initially make a statement to law enforcement, but later decide they no longer want to press charges. This can be a complicated situation, as the prosecution may still choose to move forward with the case even if the victim no longer wishes to participate.

In such cases, the victim’s recantation may not lead to the dismissal of charges, but it can be a significant factor in the outcome of the case. The prosecution may be more willing to negotiate a plea deal or reduce the charges if the victim is no longer cooperating. However, it’s essential to remember that the decision to recant a statement should not be taken lightly, as it can have severe consequences for both the victim and the accused.

Conclusion

In conclusion, navigating confessions and statements in court can be a complex and challenging process. Whether you find yourself as a defendant, a witness, or offering a statement to law enforcement, it’s crucial to understand your rights and the potential consequences of your actions. Consulting with a knowledgeable criminal defense attorney can help you make informed decisions and protect your rights throughout the legal process. Remember, you never look like a criminal for wanting someone on your side.