Criminal Law

Third Degree / Custodial Torture

The unlawful use of physical or psychological coercion against a person in custody to extract information or a confession.

Custodial torture is unconstitutional and unlawful regardless of the purpose behind it, and any confession or statement extracted this way is generally inadmissible and can itself expose the officials responsible to criminal and departmental action.

Courts have laid down specific safeguards — including mandatory medical examination and communication of arrest to a relative — precisely to guard against custodial abuse.

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