CONFESSIONS
As in other criminal cases, when confessions are obtained from forgers,
it is a good plan to take the same in writing in the presence of
reliable witnesses, and to have the confession signed by the criminal.
However, great care must be exercised when taking a statement or
confession from a criminal, and even though the statement or confession
is given voluntarily and willingly by the criminal, it should be
embodied in the statement in writing that the same is so given, that it
is given without any threats or coercion having been made or resorted
to, and that it is given without promise of reward or compensation.
Such a statement should also show that it has been explained to the
person before signing it that he or she understands that the same may
be used against him or her later.
For the average case I would suggest a statement worded about as
follows, or in accordance with the kind of case it is to apply to:
"I, Jone Doe, wish to state that on June 30th, 1914, I entered the
First National Bank and obtained $50.00 cash upon a check which I
knew to be a forgery, and to which check I signed the name of John
Smith, without Mr. Smith's permission or authorization, and which
check I represented to the bank as having been signed by John Smith.
I was arrested today by Detective John Brown, who has not threatened
nor coerced me in any way, neither have I been promised any reward,
compensation or leniency for making this statement, and I understand
this statement may be used against me."
Having persons make affidavit to statements of this nature does not
strengthen them in any way, since the law permits persons to repudiate
affidavits without constituting perjury, so long as the affidavit or
statement has not been given in any judicial proceeding.
In connection with the investigation of forgery cases I might add that
it is a good plan to have the person whose signature was forged make
an affidavit that the check or other paper repudiated by him, was not
signed by him and not authorized by him. I once had a case of forgery
wherein it was neglected to do this. When the offender was arrested he
proved to be a close friend of the man whose signature was forged. Then
to save his friend from prosecution the man went to the bank and stated
that the check which he had at first repudiated was his own signed
check.