Confessions and the Voluntariness Requirement

Question 1

Which Amendments is the Admissibility of the Defendant’s confession or incriminating admissions used under?

Answer 1

5th: Right against Self Incrimination

6th: Right to Counsel

14th: Protects against involuntary confessions

Question 2

Voluntariness in a Confession

Answer 2

A defendant’s statement to law enforcement must be voluntary, based on the totality of the circumstances

Question 3

What facts do Courts look to determine whether a statement was voluntary?

Answer 3

Violence, threats of violence, allowed to sleep, breaks during interrogation, how long was the interrogation, food and water provided, age, intelligence, sophistication of the defendant

Question 4

When is a confession NOT deemed involuntary?

Answer 4

Confession is not involuntary merely because the police use deception during the interrogation

If Defendant voluntarily confesses after told by officers that his co-conspirator also confessed against him, the confession is still admissible