Legal Definitions - sweating

In the context of criminal procedure, sweating refers to an illegal and coercive interrogation technique used by law enforcement against a person in custody. It involves pressuring a suspect through intimidation, threats, or similar unlawful means to force them to reveal information or confess to a crime, rather than obtaining information voluntarily and through legal methods.

• Example 1: A detective interrogates a suspect for a robbery and, after several hours of questioning with no confession, tells the suspect, "If you don't tell us where the stolen money is, we'll make sure your spouse loses their job and your children are placed in foster care."

  Explanation: This scenario illustrates "sweating" because the detective is using a threat of severe, unrelated personal consequences (loss of spouse's job, children in foster care) to coerce information from the suspect, rather than relying on evidence or voluntary statements.

• Example 2: A person arrested on suspicion of drug trafficking is held in an interrogation room for 20 hours without adequate food, water, or sleep. Officers repeatedly enter the room, shouting accusations and implying that the suspect's family will face severe legal trouble if they do not "cooperate" and provide names of other individuals involved.

  Explanation: This situation demonstrates "sweating" through a combination of prolonged deprivation and implied threats against the suspect's family. The intent is to break down the suspect's will and extort information through psychological pressure rather than lawful questioning.

• Example 3: During an interrogation for a minor property crime, an officer tells the detained individual, "We have enough evidence to charge you with grand larceny, which carries a 10-year prison sentence, unless you confess right now and give us details about who else was involved. If you don't, you'll regret it."

  Explanation: This is an example of "sweating" because the officer is using a threat of exaggerated or potentially false charges and severe penalties to intimidate the individual into confessing and providing information. This coercive tactic aims to extort a confession rather than obtain it freely.