- Jailhouse confession
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A jailhouse confession is a confession to a crime given by a prisoner to another inmate while in custody. Legal regimes have developed with respect to the use of jailhouse confessions in the prosecution of crimes.
United States
Writing in the California Law Review in 1990, Jana Winograde commented that, in California, "Jailhouse informants who recount their fellow prisoners' "confessions" are often used by the state as witnesses in criminal prosecutions. It has recently become public knowledge that such confessions are easily fabricated." Such fabricated testimony may constitute a false confession and the accused person is often powerless to challenge or refute its veracity. Jailhouse informants, who report hearsay (admissions against penal interest) which they claim to have heard while the accused is in pretrial detention, usually in exchange for sentence reductions or other inducements, have been the focus of particular controversy. Some examples of their use are in connection with Stanley Williams, Cameron Todd Willingham, Thomas Silverstein, Marshall "Eddie" Conway, and a suspect in the disappearance of Etan Patz. The Innocence Project has stated that 15% of all wrongful convictions later exonerated because of DNA results were accompanied by false testimony by jailhouse informants. In 2011, the Orlando Sentinel reported that 50% of murder convictions exonerated by DNA were accompanied by false testimony by jailhouse informants.
Jailhouse confessions may be discovered through means other than informants, such as placing a covert listening device in a subject's jail cell and monitoring their communications to see whether they make a self-incriminating statement. In the 1977 case of United States v. Hearst, the United States Court of Appeals for the Ninth Circuit held that the government's secret use of an electronic recording device to record a prisoner's conversations did not violate the Sixth Amendment to the United States Constitution.
Notable cases
In the 1966 case of Jacob Rubenstein v. State of Texas, the Texas Court of Criminal Appeals ruled that Jack Ruby (real name Jacob Rubenstein; "Jack Ruby" was his nickname), the killer of Lee Harvey Oswald, had been denied a fair trial, holding in part that Ruby's jailhouse confession was improperly admitted into evidence at trial.
During the McMartin preschool trial in the 1980s, jailhouse informant George Freeman was called as a witness to testified that defendant Ray Buckey had confessed to him while sharing a cell. Freeman later attempted to flee the country and confessed to perjury in a series of other criminal cases in which he manufactured testimony in exchange for favorable treatment by the prosecution in other cases, in several instances fabricating jailhouse confessions of other inmates.
In the 1991 case of Arizona v. Fulminante, the United States Supreme Court held that a jailhouse confession had been coerced where an inmate who was a confidential informant for the Federal Bureau of Investigation told another inmate who was suspected of murder that he could protect the suspect inmate from "tough treatment" in prison in exchange for a confession to the murder.
During the investigation of the murder of Felicia Gayle in the late 1990s, police arrested Marcellus Williams for the crime based in part on an alleged jailhouse confession to fellow inmate Henry Cole. The conviction has been called into question due to this aspect.
References
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jailhouse confession
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Jailhouse confession - Wikipedia
A jailhouse confession is a confession to a crime given by a prisoner to another inmate while in custody. Legal regimes have developed with respect to the use of jailhouse confessions in the …
Informing injustice: The disturbing use of jailhouse informants
Mar 6, 2019 · Unregulated jailhouse informant testimony is sending innocent people to prison—and even to death row—while costing taxpayers millions, and failing to bring justice to …
Richard Allen confessed to Delphi murders 5 times: State - Law
Jun 28, 2023 · Prosecutors in Indiana say Richard Allen confessed to the murders of Abby Williams and Libby German at least five times in a phone call with his wife and mom.
Are Miranda Warnings Required with a Jailhouse Informant?
In a Nutshell: A Miranda admonition is not required when a suspect in jail confesses to the crime to an informant placed in the cell to elicit such a confession, although the issue was arguable, …
Manufacturing False Convictions: Lies and the Corrupt Use of Jailhouse ...
Jan 13, 2025 · Given the memo, prosecutors clearly knew that police were fabricating false confessions and inducing jailhouse snitches to fabricate them against others who were in …
Authorities Go Fishing for Jailhouse Confessions
Mar 4, 1990 · In a series of rulings dating back 26 years, the U.S. Supreme Court repeatedly has declared it illegal to use informants to “deliberately elicit” confessions from suspects charged …
The Shadowy World of Jailhouse Informants: Explained
Jul 11, 2018 · Fulminante, a jailhouse informant scared his cellmate into confessing. The Supreme Court held that confessions extracted through violent threats are involuntary and violate the …
PRISON INFORMANTS: LEARNING THE LESSONS OF …
“Jailhouse informants comprise the most deceitful and deceptive group of witnesses known to frequent the courts. The more notorious the case, the greater the number of prospective …
Jailhouse Snitches : Trading Lies for Freedom - Los Angeles Times
Apr 16, 1989 · When veteran jailhouse informant Leslie Vernon White picked up a telephone last fall and showed authorities how easily he could fake the confession of another inmate, he …
Jailhouse Informants: The D.A.'s Ethical Bind - Los Angeles Times
Nov 13, 1988 · In the case of two former Los Angeles police officers, Richard Ford and Robert Von Villas, accused of murder for hire, 16 informants claimed that the pair had made jailhouse …