Signed Confessions

Question 1

Voluntariness of Confessions

Answer 1

The general law of confessions requires that they be completely voluntary. This should be set forth specifically.

Question 2

Intent

Answer 2

There is no such thing as an accidental fraud or crime. Both require as part of the elements
of proof the fact that the confessor knew the conduct was wrong and intended to commit
the act. This can best be accomplished by using precise language in the statement that clearly
describes the act

Question 3

Instead of Lie Use

Answer 3

I knew the statement/action was untrue

Question 4

Instead of Steal Use

Answer 4

I wrongfully took the property of_____ for my

own benefit.

Question 5

Instead of Embezzle Use

Answer 5

I wrongfully took ____’s property, which had
been entrusted to me, and used it for my own
benefit.

Question 6

Instead of Fraud Use

Answer 6

I knowingly told ____an untrue statement and

he/she/they relied on it.

Question 7

Approximate Dates of Offence

Answer 7

Unless the exact dates of the offence are known, the word approximately must precede any
dates of the offence. If the confessor is unsure about the dates, language to that effect
should be included.

Question 8

Approximate Amounts of Losses

Answer 8

Include the approximate losses, making sure they are labelled as such. It is satisfactory to
state a range (“probably not less than $____ or more than $____”).

Question 9

Approximate Number of Instances

Answer 9

Ranges are also satisfactory for the number of instances. The number is important because it
helps establish intent by showing a repeated pattern of activity.

Question 10

Willingness to Cooperate

Answer 10

It makes it easier for the confessor when he perceives that the statement includes language
portraying him in a more favourable light. The confessor can convert that natural tendency
by emphasising co-operation and willingness to make amends.

Question 11

Excuse Clause

Answer 11

The confessor’s moral excuse should be mentioned. The interviewer should ensure the
excuse clause wording does not diminish legal responsibility.

Question 12

Confessor Read the Statement

Answer 12

The confessor must acknowledge that he read the statement and he should initial all the
pages of the statement. It might be advisable to insert intentional errors in the statement so
that the confessor will notice them. The errors are crossed out, the correct information is
inserted, and the confessor is asked to initial the changes. Whether this step is advisable
depends on the likelihood that the confessor will attempt to retract the statement or claim it
was not read.

Question 13

Truthfulness of Statement

Answer 13

The written statement should state specifically that it is true. This adds weight to it. However, the language should also allow for mistakes.

Question 14

A statement’s wording should be

Answer 14

precise

Question 15

Declarants should

Answer 15

read and sign the statement without undue delay

Question 16

Although there is no legal requirement, it is a good idea to

Answer 16

have two people witness the signing of a statement

Question 17

There should ___for each offence

Answer 17

not be more than one written statement

Question 18

If facts are inadvertently omitted, they _________

Answer 18

can later be added to the original statement as an addendum

Question 19

For legal purposes, prepare ___for unrelated offences

Answer 19

separate statements