It is always the practice, that when the police sets out to investigate a crime, the police do all is necessary to find evidence in support or in confirmation of the crime.
The extent to which the police go, depends on the seriousness of the crime, whether it is a first or second degree felony, or whether it is a misdemeanor. Felonies, unlike misdemeanors, are serious offences that carry greater punishments. Misdemeanors on the other hand, are minor offences that are normally punishable by fine.
The police in the course of their investigations, is entitled to the use of reasonable force to exact relevant information or evidence in proof or in confirmation of the crime.
What is reasonable will depend on the circumstances of the case. the public discussions around the crime, as well as the severity of the crime. It may also depend on the personality of the suspect, thus whether or not the suspect is a notorious criminal or a first time offender.
When a crime is committed, i.e. murder, the police may slap or hit the suspect to elicit information from the suspect, as to whether or not he or she committed the crime. What is wrong in a legal sense, is doing so with the aim of forcing the suspect to confess to the crime. A gentle slap or a minor beating is legally prohibited once it seeks to force the suspect to confess to the crime.
The reasons why the law prohibits such acts on suspects are as follows:
- That amounts to a form of torture, and torture regardless of the form it takes, is illegal and prohibited in all countries including the international space;
- Suspects are always deemed innocent by the law until they are proven to be guilty by a competent court of law. So once the person is presumed innocent, it means that the person is presumed not to have committed the crime, so it will be unjustifiable and wrong for you to suggest otherwise and further force a confession from such a suspect;
- Extreme torture may lead to false confessions, where a person who is in reality innocent of a crime, may later confess to committing the crime because of the severity of the injuries and pains being sustained.
The police at all times are allowed to devise means to gather enough information and evidence in proof of a crime, aside torture or beating of a suspect. Any police officer who does so is acting unprofessionally, and ought to be reported to the appropriate authorities.
When you find yourself a victim to a forced confession, tell the judge anytime you appear in court, what necessitated the confession and also add that the confession is false. The judge shall disregard the confession, once you have given genuine reasons, and proceed with the case as if you never confessed to the crime.
Most judges will not be interested in disregarding a confession, no matter the mode through which it was obtained, until you show that the confession is untruth.
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