3. Voluntary Confessions (14A)

Question 1

Which law protects voluntary confessions?

Answer 1

14A

- Due Process Clause

Question 2

How is a voluntary confession determined?

Answer 2

Totality of circumstances

• Age
• Education
• Mental/Physical condition
• Interrogation (setting/duration/manner)

Question 3

What happens if a confession is involuntary?

Answer 3

Harmless error test

• If gov can show other overwhelming evidence of guilt => Conviction NOT overturned
• If gov can NOT show other overwhelming evidence of guilty => Conviction overturned