(d) Prolonged interrogation will be strong evidence of coercion.
(e) Denial of the right to contact relatives or friends, or to receive
visitors, phone calls, and letters.
(f) The point in time at which the statement is obtained - early in the
investigation or late in the investigation specifically for the purpose of
conviction - is important on the issue of coercion.
(2) Unlawful Influence.
This is the use of superior rank to induce a
statement or activity of a self-incriminatory nature, or the issuance of an order
for that purpose.
(3) Unlawful Inducement. This exists when a statement is obtained from an
accused by resorting to promises which are later disregarded. Examples:
(a) Statement will be held confidential.
(b) Charges will be dropped or reduced, including promise by victim
(with SA's consent) not to press charges.
(c) Immunity will be granted.
(d) Implication
that
statement
will
be
helpful
to
maker
instead
of
harmful.
(e) Implying that conversation will be in private when room is "bugged."
(f) Promise that case will be closed.
If the promise is kept, then the person has received what he
bargained for and has no grounds for complaint.
This should be used only by
experienced agents, and then only as a last resort.
c. Suppose, however, that
an
inexperienced
agent
obtains
an
improper
confession. What can be done now?
(1) Improperly obtained confessions cannot be used in any way, directly as
evidence, or indirectly as a source of other evidence.
(2) Another confession may be obtained by restoring the person's free will
so that the confession is voluntary and not the product of the prior inadmissible
confession.
(3) The following is a suggested procedure.
(a) Inform person that prior statements cannot be used against him in
any way.
MP1016
3-16
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