Confess - sustany/dvg GitHub Wiki

Confess has several meanings, but in the legal context, it is generally used to characterize the�admission�of wrongdoing. Additionally, the term is usually an�adverse�statement to that individual confessing. In�criminal law, to confess is when one voluntarily states that one is�guilty�of a�criminal offense. Essentially, it is an�admission of guilt.�

A confession can be given to a law enforcement officer or in�court�prior to the arrest, upon�arrest, or after�arrest�when one has been charged with a specific�crime. A confession must be truly voluntary. Thus, it cannot be coerced, nor can the confession be forced by threat,�torture, or trickery. A confession cannot be admitted during trial unless the individual�arrested (also known as the�defendant) was given the�Miranda warnings�during the time of�arrest�or when it was clear that the individual was the prime suspect. The�Miranda warnings�are based on the�Fifth Amendment�prohibition against�self-incrimination. If an individual states that they are guilty of a�criminal offense�but they were not given the respective�Miranda warnings, then it is not considered a true confession that was voluntarily given.

Confess can also be used in other contexts. For instance, there is a document known as a �warrant for an attorney to confess judgment.�

Although used interchangeably, there is sometimes a slight difference between confess, the act of admitting guilt, and a�confession, which is sometimes seen as a written statement admitting all facts necessary to establish guilt and for conviction of a crime.

In�civil cases, a confession is sometimes also known as a�statement against interest.

See e.g., People v. Rosario 20 Misc. 3d 401 (N.Y. Sup. Ct. 2008).