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Interrogations-and-Confessions-Handbook

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Misleading Special Knowledge 537<br />

CONCLUSIONS<br />

There is no doubt that post-admission details <strong>and</strong> apparent special knowledge<br />

often weigh very heavily against the accused at trial. An apparent intimate<br />

knowledge of the offence by suspects is very incriminating, <strong>and</strong> often rightly so.<br />

However, problems sometimes arise when too much emphasis is placed on pieces<br />

of special knowledge <strong>and</strong> it is assumed that only the real culprit could have<br />

possessed that knowledge, when in fact there could be a number of explanations<br />

for it apart from genuine guilt. The case of Kiszko is a case in point. On the face of<br />

it, his apparent special knowledge was extremely convincing <strong>and</strong> incriminating,<br />

but we know now that it must have originated from the police. Even when<br />

there is absence of any knowledge about the offences <strong>and</strong> the confession is<br />

unconvincing, as it certainly was in the cases of MacKenzie <strong>and</strong> Fell, defendants<br />

are still convicted on the basis of their confession.

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