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"The Confessional Penalty"

By Douglas A. Berman

The title of this post is the title of this paper I just noticed on SSRN.  The paper, by two professors at Tel Aviv University, is another interesting suggestion to use sentencing rules to deal with non-sentencing concerns (like the recently implemented thoughtful proposal to use sentence reductions to deal with prosecutorial misconduct).  Here is part of the the abstract for "The Confessional Penalty":Many attempts have been made to deal with confession-based wrongful convictions.  Examples include the Miranda rules or the requirements for varying degrees and types of corroborating evidence.  To date, all the rules and proposals share a common characteristic: They all attempt to correct the evidentiary fallacies associated with out-of-court confessions by evidentiary means, whether admissibility oriented or weight oriented...continue to full post

Full post as published by Sentencing Law and Policy on September 26, 2008 (boomark / email).