confession(redirected from confessing)
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confession,in law, the formal admission of criminal guilt, usually obtained in the course of examination by the police or prosecutor or at trial. For a confession to be admissible as evidenceevidence,
in law, material submitted to a judge or a judicial body to resolve disputed questions of fact. The rules discussed in this article were developed in England for use in jury trials.
..... Click the link for more information. against an accused individual, it generally must have been procured voluntarily after the person was informed of his or her right to remain silent and right to consult an attorney (see Miranda v. ArizonaMiranda v. Arizona,
U.S. Supreme Court case (1966) in the area of due process of law (see Fourteenth Amendment). The decision reversed an Arizona court's conviction of Ernesto Miranda on kidnapping and rape charges.
..... Click the link for more information. ). If a confession is obtained through torture, threats, prolonged interrogation, or false promises of immunity from prosecution, it is inadmissible, but law enforcement officials may and do use psychological pressure, which can lead to false confessions. A signed confession is presumed to be voluntary, and the accused must introduce proof that it was extorted in order to prevent its introduction at the trial. In 1981 the U.S. Supreme Court ruled that murder defendants should be informed of their right to remain silent during interviews with psychologists, who might later testify for the prosecution that the client was "dangerous" and thus deserving of a stiff penalty. A 1986 ruling stated that a criminal defendant entering a plea of "not guilty" had the right to describe to the court how his confession was obtained by police. The ideal of a voluntary confession was upset recently, however, in the case of Arizona v. Fulminante (1991). There, the Supreme Court ruled that coerced confessions do not invariably nullify a conviction, but can be regarded merely as "harmless errors"—at least where additional incriminating evidence is available. Usually, a person who does not plead guilty cannot be convicted solely on the basis of his confession.
See P. Brooks, Troubling Confessions: Speaking Guilt in Law and Literature (2000).
Confession(religion, spiritualism, and occult)
A Christian "confession" carries with it the meaning of agreeing to a particular statement of faith. For example, the minister sometimes invites a congregation to read the Apostles' Creed (see Gnosticism) by saying, "Let us together make our confession of faith." But perhaps the most familiar meaning of the word refers to the Catholic tradition of confessing ad auriculam, "into the ear of" a priest. The practice began in the medieval church. The Fourth Lateran Council of 1215 declared confession had to be at least an annual event if the confessor wanted to receive the host during Eucharist. In the sixteenth century, in order to provide privacy and a more substantial ritual, confessional stalls began to be used. It has always been the law of the land that anything said to a priest was absolutely confidential. The priest took a holy vow that he was bound not to reveal anything told him in the confessional. But recently, as a result of child-abuse scandals in the Catholic church, state legislatures are beginning to question the practice of excusing priests and ministers from lists of people, such as doctors and social workers, who are required to report instances of child abuse. In May 2002 the Commonwealth of Massachusetts, for example, eliminated from the list of exceptions ministers of denominations who did not use confessionals by tradition.
Terrorist threats raised more questions. If a terrorist, seeking to save his soul after committing murder, confesses to a priest bound by the power of the confessional, is the priest obligated to remain silent?
It remains to be seen how long the Church will be able to hold out from social pressure requiring, for the public good, at least some confidentiality to be discarded.