In criminal cases, the remedy for a coerced confession is to suppress the confession and prevent it from being used in court against the defendant. This ensures that the defendant’s rights are protected and that any evidence presented in court is obtained lawfully and fairly. In many South Carolina criminal cases, incriminating statements by the defendant, or outright confessions, are the most important evidence the state has in the prosecution.
Statements also do not have to be outright admissions or confessions of the crime to be used by the prosecution. Anything that was said by the defendant, either orally, or in a written format like text or email, could potentially be used by the prosecutor against the defendant.
Jackson v. Denno Hearings
Before a trial begins, when a confession or other incriminating statements may be introduced by the prosecution, the court will hold a Jackson v. Denno hearing. During this pre-trial hearing, the judge determines whether the defendant’s statements were made voluntarily and whether they can be admitted as evidence. The judge considers all circumstances surrounding the statements, including any potential coercion or improper influence exerted by law enforcement.
The Jackson v. Denno decision, established by the U.S. Supreme Court in 1964, arose from concerns about the reliability and voluntariness of confessions. This ruling requires that the admissibility of a confession be determined outside the presence of the jury, ensuring that the jury is not improperly influenced by evidence that may later be deemed inadmissible. The court’s focus is on whether the confession was the product of a rational intellect and free will or the result of coercion, threats, or promises.
Whether or not proper Miranda advisements prior to police interrogations or interviews can also be taken up at a Jackson v. Denno hearing. If these advisements were not given prior to a custodial (generally post-arrest) questioning by law enforcement, any statements made by the defendant may be able to be suppressed and not used as evidence against them. Lack of Miranda advisements can result in suppression, even if other elements of coercion are not present.
Examples of Coerced Confessions
A confession may be considered coerced if it was obtained through threats, promises, or undue pressure. One example is when law enforcement makes statements to a suspect suggesting their children will be taken away or that DSS (Department of Social Services) or another agency will take adverse action against them unless they cooperate with the investigation. Such statements can place immense psychological pressure on a suspect, compelling them to make statements against their will. A court can suppress coerced statements, even if the police otherwise provided timely Miranda advisements.
Coercion can also include:
Threats of physical harm.
Deprivation of basic needs, such as food, water, or sleep.
Promises of leniency or immunity in exchange for a confession.
Prolonged or aggressive interrogation tactics designed to wear down a suspect.
The Role of Defense Attorneys in Jackson v. Denno Hearings
Defense attorneys play a critical role in Jackson v. Denno hearings. They gather evidence to demonstrate coercion, such as interrogation recordings, witness statements, or expert testimony about psychological pressure. Effective advocacy can convince the judge to suppress the confession, which may significantly weaken the prosecution’s case.
Protecting Your Rights
If you believe that a confession or statement was obtained through coercion, it is crucial to seek legal representation immediately. At the Law Office of James R. Snell, Jr., LLC, we have extensive experience challenging coerced confessions and protecting our clients’ constitutional rights. We can represent you in Jackson v. Denno hearings and work to ensure that any unlawfully obtained evidence is excluded from your case.
James Snell has been practicing criminal defense law in Lexington, South Carolina, for over twenty years. Our office is committed to upholding justice and ensuring that every client receives a fair trial. If you or a loved one is facing charges and believe a coerced confession may be involved, contact us today for a free consultation at (803) 359-3301.