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California State University, Dominguez Hills
University of Wisconsin, Parkside
Soka University Japan - Transcend Art and Peace
Created: November 1, 2002
Latest Update: November 1, 2002
jeannecurran@habermas.org
takata@uwp.edu

Ascertaining the Truth, Even When He/She Says "I Did It"
Confessions, Constitution, and Truth

See also Basic Concepts of Law Scroll to end of file for: "The defendant does not have to testify. The fact that a defendant chooses not to testify cannot be considered as a factor when guilt or innocence is determined. The full burden of proof lies with the State, and it must supply the evidence."

Site Copyright: Jeanne Curran and Susan R. Takata and Individual Authors, November 2002.
"Fair use" encouraged.

This set of study notes is based on a NYTimes article from November 1, 2002: False Confessions and the Jogger Case By Saul Kassin, At P. A 31. Backup.

Confessions are a big problem in American law. They run counter to the Fifth Amendment that preserves the right against self-incrimination. The primary reason for that is that there are valid reasons for questioning the validity of such self confession. We live in a society that has grown comfortable with seeing things as "right" or "wrong." We have grown spoiled in demanding "an answer." We have grown arrogant enough to believe that "we know." All of these social traits, certainly not limited to any one country, including the U.S., are, after all, very human traits. But the writers of our constitution saw the dangers of oversimplifying the complex governance of a nation, albeit a tiny new-born nation of struggling colonies with all of colonialism yet to go through. They must have been very bright, those writers of our constitution, for they insisted that no man [sic] should have to incriminate himself/herself. Practically a postmodern wisdom of respect for the local as well as the universal. Pace, David. We're not saying the colonists were on the brink of postmodern overthrow of the newborn colonies. No, that would be the kind of oversimplicity that appalls postmoderns like me.

Fever's back. I gotta go back to bed. But as you read this article on the Central Park jogging case, think deeply about it. Approach in in an illocutionary spirit. Why on earth would those boys have lied about such a terrible crime? Maybe understanding that will help us inch a little closer to understanding the anger African women feel when they are told their country is barbaric because some parts of it practice female genital cutting. I'll try to get up some practice modules for you this weekend. jeanne November 1, 2002.

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