Legal Question in Criminal Law in California

Has there ever been a case where there were no witnesses or solid evidence to prove that the crime had been committed except on the confession of the accused? And the only way police found the evidence they did was through the confession? Would this evidence be submissible in court? Can the confession be illegal because the party didnt understand his rights and was pounded continually for over an hour before saying anything? Does this show that something isn't right? Are there any law books that are written on confession matters that you can refer me to?


Asked on 5/23/10, 7:43 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

In California, a defendant cannot be convicted on his word alone. There has to be independent evidence of the crime. This is known as the corpus delicti rule.

From your question, it sounds like there was some physical evidence -- such as a dead body, stolen property, drugs, or child porn -- which the cops found as a result of the confession. If that evidence shows a crime was commited, the defendant's confession could be used to prove he was the one who did it.

If the police illegally obtained the confession and statements about the location of evidence illegally, then the evidence might get thrown out.

There are many books on California confessions and evidence. One of the best overviews is California Criminal Law: Procedure and Practice, published by CEB (Continuing Education of the Bar). It should be available in most law libraries. Some attorneys refer to it as the Bible of criminal law.

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Answered on 5/25/10, 11:11 am


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