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false confession Archives

False Confession Defense Evidence Excluded

Tennessee courts recognize that false confessions do sometimes occur. In a case where the State's case includes an out-of-court confession from the Defendant, that evidence must usually be addressed in some way by the defense, if it cannot be excluded. In the recent Tennessee case of State v. Mays, W2012-00607-CCA-R3-CD (Tenn.Crim.App. 3-7-2014), the defense in a felony murder by aggravated child abuse prosecution sought to introduce expert testimony from a forensic psychologist on the question of false confessions and the Defendant's vulnerability to making a false confession. The Court of Criminal Appeals affirmed the trial court ruling permitting some of the testimony about false confession but excluding testimony about the Defendant's particular vulnerability to it.

False Confession Defense Evidence Excluded

Tennessee courts recognize that false confessions do sometimes occur. In a case where the State's case includes an out-of-court confession from the Defendant, that evidence must usually be addressed in some way by the defense, if it cannot be excluded. In the recent Tennessee case of State v. Mays, W2012-00607-CCA-R3-CD (Tenn.Crim.App. 3-7-2014), the defense in a felony murder by aggravated child abuse prosecution sought to introduce expert testimony from a forensic psychologist on the question of false confessions and the Defendant's vulnerability to making a false confession. The Court of Criminal Appeals affirmed the trial court ruling permitting some of the testimony about false confession but excluding testimony about the Defendant's particular vulnerability to it.

False Confession Defense Evidence Excluded

Tennessee courts recognize that false confessions do sometimes occur. In a case where the State's case includes an out-of-court confession from the Defendant, that evidence must usually be addressed in some way by the defense, if it cannot be excluded. In the recent Tennessee case of State v. Mays, W2012-00607-CCA-R3-CD (Tenn.Crim.App. 3-7-2014), the defense in a felony murder by aggravated child abuse prosecution sought to introduce expert testimony from a forensic psychologist on the question of false confessions and the Defendant's vulnerability to making a false confession. The Court of Criminal Appeals affirmed the trial court ruling permitting some of the testimony about false confession but excluding testimony about the Defendant's particular vulnerability to it.

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