UTILITY OF CONFESSIONAL STATEMENT IN CRIMINAL TRIALS
ABSTRACT
A person standing trial for a criminal offence enjoys the presumption of innocence until his guilt is proved, the proof of which must be beyond reasonable doubt. Nonetheless, the suspect can confess to the commission of the crime and the court is empowered to convict, based on the weight of such confession. Incidentally, the court is often faced with objections to the admissibility of confessional statements based on the ground of retraction or involuntariness.
Despite increased evidence that confessions may be unreliable, they remain the gold standard of evidence for police investigations. One reason for the rejection of some confessional statements is that when confessions are not voluntary there is the danger of the accused falsely implicating himself. Different countries have different rules governing the admissibility of confessions. These rules serve to guarantee that wrongful convictions do not occur. They also serve as a deterrent to abusive interrogation by the police. Some interrogative techniques violate the defendant’s free-will or procedural rights. In this research work, while relying on judicial and statutory authorities, the researcher takes a look at what confessions are. He goes further to examine the relationship between confessions, the factors that affect the admissibility of a confessional statement, and other facts related to confessions, options open to an accused person whenever a confessional statement alleged to have been made by him is sought to be tendered before the court and time to raise objection. It also focuses on the trial within trial ordered whenever the admissibility of a confessional statement is challenged on the ground of involuntariness. Particular attention is given to the position of the law in Nigeria, although references are also made to other jurisdictions. This research focuses on extra-judicial confessions.
Chapter one of the work is the General introduction, which comprise of aims and objectives of study, scope of study, research methodology, statement of the problem, literature review, definition of major terms, structure/brief outline of the work. But it is not included in this work.
Chapter two of this work gives an insight into nature, scope and relevance of confessional statement; and the judge’s rule and their application in Nigeria. Chapter three focuses on Utility of Confessional Statement in Criminal Trials; circumstances in which confessional statement are admissible and circumstances in which confessional statements may be vitiated.
Chapter four predominantly dwelled on retracted confessional statement and its effect on criminal trials in Nigeria. This chapter also examines whether retraction of previous confessional statements affects it’s admissibility and reasons why accused persons may resile from their earlier statements. Lastly, Chapter five is the general Conclusion.
CHAPTER ONE
1.1 Introduction
… This chapter will address the background information that motivated this study, the challenges that prompted it, its aim, and its objectives as a preface to subsequent sections of the study. Additional factors include the study's significance, scope, limitations, research questions and hypotheses, and the definition of technical terms.
CHAPTER TWO
2.0 Literature Review
2.1 Introduction
The review of relevant literature is the main topic of this chapter. A literature review covers theoretical and methodological contributions to a certain issue in addition to the state of knowledge at the time of writing. It provides information about the state of the art in relation to the subject you are writing about. It examines the body of work on the chosen subject. The literature evaluation in this study comprises the …
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