Effective Assistance of Counsel? An Empirical Study of Defense Attorneys’ Decision-Making in False-Confession Cases

Authors

Sara C. Appleby, CUNY Graduate Center
Hadley R. McCartin, Mercer University

Volume

2019

First Page

123

Last Page

165

Publication Date

2019

Document Type

Article

Abstract

Although there is considerable literature on the causes of false confessions and the effects confession evidence has on juror decision-making, little research has examined attorneys’ decision-making in disputed confession cases. As the intervening step between when the confession is elicited and the case is resolved, it is crucial that research examine effects of confession evidence on this population. The current studies investigate defense attorneys’ knowledge and perception of key interrogation and confession issues as well as their decision-making in a disputed confession case. Overall, results show that defense attorneys are knowledgeable about key interrogation and confession issues and are aware of how powerful confession evidence is at trial. Regarding trial strategies, however, defense attorneys focused more on highlighting the lack of non-confession evidence than discounting the confession. Implications for future research and practice are discussed.

Keywords

Medical Jurisprudence, Psychiatry and Psychology, Comparative and Foreign Law, Criminal Law and Procedure, Law Enforcement, Police

Recommended Citation

Sara C. Appleby & Hadley R. McCartin, Effective Assistance of Counsel? An Empirical Study of Defense Attorneys’ Decision-Making in False-Confession Cases, 2019 Cardozo L. Rev. De-Novo 123 (2019).
Available at: https://larc.cardozo.yu.edu/de-novo/69