Wednesday, October 2, 2019

Confession without corroboration is insufficient proof of guilt


The Seventh Circuit reminds us that “It is a settled principle of the administration of criminal justice in the federal courts that a conviction must rest upon firmer ground than the uncorroborated admission or confession of the accused.” In this 18 U.S.C. § 924(a)(1) case, the defendant confessed to two ATF agents that he lied to a firearms dealer by stating that he was buying two firearms for himself, when he was really purchasing them for someone else. At trial, the government presented the testimony of one of the ATF agents who heard the confession. The Seventh Circuit found there was insufficient proof of guilt because there was no independent evidence corroborating the confession. The defendant even confessed twice. But, says the court, “the government cannot rely on a second uncorroborated confession as independent evidence corroborating an initial one, particularly where the second does nothing to fortify the truth of the confession by offering further corroboration that a crime was committed.”

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