Should the police be able to lie to get a confession?

In the case of People v. Mays issued on May 8, 2009 [Case No. C057099], the police questioned Mr. Mays about his involvement in a homicide. The defendant denied guilt and asked for a lie detector test. The police agreed to give him the test and then set up a fake polygraph and generated fake results showing the defendant lied. The defendant then made several incriminating statements.

The California Court of Appeals, Third Appellate District in Sacramento, upholds the conviction and finds that the police can lie, unless it’s coercive or is the kind of lie that would produce a false confession. The California Court of Appeals finds the fake polygraph would not have produced a false confession and that the defendant’s statements were voluntary and not coerced.

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One Response to “Should the police be able to lie to get a confession?”

  1. Kevin says:

    Some good info here…

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