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Confession

A statement made by a person suspected or charged with a crime, that he (or she) did, in fact, commit that crime.

A statement made by a person suspected or charged with a crime, that he (or she) did, in fact, commit that crime.

In R v Lambe, a 1791 English case published at 2 Leach 552:

"The general  rule ... is, that a free and voluntary confession made by a person accused of an offence is receivable in evidence against him, ... as the highest and most satisfactory proof of guilt, because it is fairly presumed that no man would make such a confession against himself, if the facts confessed were not true."

Modern criminal law now require that a confession may not be admissible failing evidence that it was preceded by a warning to the accused such as, in the USA, the Miranda warning.


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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