THE CONFESSIONAL PENALTY.

The article discusses the strategy in arguing violations of defendant's rights regarding false confessions. The authors argue that the Privilege and other evidentiary rules can prevent false confessions, which judges, police and jurors are prone to overestimate the veracity of confessions and their own ability to sort true from false confessions. They propose confession penalty that would discourage prosecutors from relying on confessions and encourage them to obtain other evidence proving guilt beyond a reasonable doubt. They suggest securing conviction at trial or to provide an incentive for the defendant to plead guilty.