I recall reading in a “Superman” anthology the entire story that abruptly begins in Action Comics #1 (as is common geek knowledge - Siegel & Schuster originally tried to write ‘Superman’ as a daily newspaper strip, and that the story in Action #1 is really a couple of weeks worth of daily strips cut together for the comic book format.) Anyway, the beginning of the story here has Clark Kent / Superman tracking down a killer (the bound & gagged woman he dumps on the governor’s lawn), and forcing her to write a ‘Signed Confession.’ While writing, she pleads “I-I’ll get the chair for this!” as a merciless Superman hovers over her shoulder.
Ah, the Signed Confession! A staple of nearly every form of pulp fiction. You know the set-up, even if you’ve never read a pulp detective novel in your life - someone (usually a woman) is on death row for a murder they didn’t commit. Time is running out, but the fiesty detective manages to track down & confront the real killer. A scuffle ensues, but the detective prevails and forces the villain to write a ‘Signed Confession’ admitting to being the true culprit. The detective then speeds to the county prison and, usually at two minutes to midnight, presents the ‘Signed Confession’ that exonerates the unjustly accused innocent, mere moments before the fatal deadline. The guilty party is then led away.
So, in real life, how much weight would a ‘Signed Confession’ be worth? Would a piece of paper really be enough to get a stay of execution? I mean, really, these Signed Confessions are always done under duress - usually with the detective sticking a gun to their back. And why does putting a signature on it immediately give it credence? What, nobody could ever be forced to put their signature on a confession, could they?
The Superman story in particular bugs me. The real killer could just plead “You saw the guy - bullets bounced off his chest & he ripped open a steel door! He came up to me and threatened to crush my skull into jelly if I didn’t write that confession, what the hell else was I to do but go along with him?”
And why does nobody from the governor on down stop to ask “Would we really have proceeded this far along with a death sentence execution if we weren’t already incontrovertably sure that our prisoner is a killer?” Or alternately think “This strange guy in a circus outfit and cape produces a piece of paper - and we’re supposed to just accept it at face value?”
I think it’s possible - and not just because you’d better do what Superman says. If the confession introduced enough real doubt I think a governor might grant a stay. It’s not the same as overturning a verdict; he could just allow for a stay of a month or three months while attorneys review the case and see how credible the new confession is. I don’t think jailhouse confessions always get accepted at face value but they’re not worthless. I mention this because they’re probably the closest real-life equivalent.
That’d definitely get debated it would be one potential reason to ignore the confession. But that doesn’t mean the confession wouldn’t be considered. You can always execute somebody later.
Not to take this into GD territory, but I take it you’re not that familiar with real-life death penalty cases. Suffice it to say anybody can be totally wrong without being the least bit uncertain.
Yes, I’ve read many of the early strips. Superman tends to use methods to get people to confess that would not necessarily look good in court. I wouldn’t vote to convict anybody based on a confession that somebody got from dangling the defendant off the Empire State building.
Maybe things were different back in the thirties.
Much of what was said about Superman back in the day seemed to imply that he was a semi-official agent of the police. Doubt that would fly (ha!) nowadays.
One assumes the Signed Confession would have the exact details of the crime committed. That generally would grant it internal validity.
Me, I thought, at first, this was going to be the Overstreet Value of a pre-Superman book.
Normally, if a product of custodial interogation, a confession signed by the defendant must be freely and voluntarily given, and also there must be some showing that the defendant was advised of his rights against self incrimination.
I’d expect some litigation to ensue regarding whether or not Superman was a defacto agent of the State, and thus required to give the Miranda warnings; whether being dragged to the authorities by an invulnerable flying man consitutes custodial interrogation, and also whether the defendant was intimidated and/or coerced into giving the confession. If I was defense counsel, I think I’d have a pretty good shot at getting the confession thrown out…
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If you are interested, please submit your resume, and I will have one of my robot slaves do the background check. By the way, this does involve a certain amount of torture of your next of kin to be sure we get all the facts. I hope that won’t be a problem.
Usually by the time Superman is pulling of the signed confession gig, he has already established his bona fides by doing things like catching criminals red handed, stopping runaway trains, and other non-ambiguous acts of heroism.
I should have thought a bit more on this one. The justifiable homicide in question allegedly happened in 1938, and Miranda wasn’t decided until 1966, so those warnings would not apply in this instance. However, Brown v. Mississippi was decided in 1936, so we can still try to suppress the alleged confession as the product of unlawful coercion.
Also, I’m afraid Dr. Doom has offered twice the salary and three times the maidens, plus diplomatic immunity for the ravishing thereof, and no torturing of my immediate family. I will, of course, be more than happy to consider any counter proposal you might wish to make, and I have two crazy aunts available for torturing at your convenience…
Sorry, but that would put us over budget, and we need to conserve our cash flow to upgrade the Evil Porno Projector with which we intend to take over the world.
We will keep your resume on file in case we have future openings. Best of luck to you in your future endeavors.
Regards,
Sadie Ist
Ass’t Director, Human Resources and Genocide
LexCorp
