Confession, in law, is a voluntary statement in which a person admits being guilty of a crime and describes how the crime occurred. Confessions are considered a part of criminal law, which involves actions that are harmful to society.
In the United States, courts classify confessions into two basic groups. Judicial confessions are made during court proceedings. Extrajudicial confessions are made outside of court to officers of the law or to people who are not officials. Judges do not allow involuntary confessions to serve as evidence or proof in court. These confessions are obtained improperly by such methods as injuring, threatening, or making promises to a suspect.
In 1966, in the case of Miranda v. Arizona, the Supreme Court of the United States established the chief safeguards for the rights of suspects. The court ruled that before police officers question a person who is being held in custody, they must inform that person of certain rights. For example, the person has the right to remain silent and to have a lawyer present when being questioned by the police. If the police do not observe a suspect’s rights, the court will not accept as evidence the statements that the suspect made to them.
In cases involving civil law, rather than criminal law, statements made by a party to a lawsuit are called admissions if the statements are against the party’s own interest. Civil law covers such matters as contracts, personal injuries, and property ownership. Admissions may serve as evidence.
