Fourteenth Amendment -- General

Question 1

In the context of Criminal Procedure how does the 14 A protect a defendant?

Answer 1

The 14 A prevents the gov’t from admitting statements made by the defendant that were made through coercion.

I.e., involuntary confessions made by a defendant are suppressed by the 14 A.

Question 2

How to assess whether the 14 A should exclude a statement?

Answer 2

Apply a totality of circumstance test, i.e., look at subject factors:

—— age
——mental health
——level of education
——previous experience with criminal system

Question 3

What constitutes coercion?

Answer 3

Coercion can be either:

—Physical
(a) Beating;
(b) Torture; or
(c) Deprivation Needs

—Psychological
(a) Length of questioning and location
(b) “Grandmother” speech [they can lie that your grandmother died, depends on TOC if it so bad of a lie.]
(c) Confession coerced from child abuse suspect
(d) Explicit promises of leniency &/or threats
(e) Other tactics (on their own not coercion) but may be when combined with other things
1. D on their own;
2. “D is guilty” is a fact;
3. Minimize seriousness of offense

Question 4

Can a confession be induced via torture?

Answer 4

No, confession made via torture are involuntary, violate 14 A and are inadmissible.

Question 5

If the O tell the D that if she cooperates she will not be prosecuted, but if she doesn’t she will face 10 years of prison and have her child taken away, does that violate the 14 A?

Answer 5

Yes, such a confession is involuntary.

Question 6

Does it matter whether the person who confesses suffers from psychological problems?

Answer 6

No, it only matters if the confession is the product of police misconduct.

Question 7

What is the procedure of the defendant moves to suppress the evidence based on a 14 A violation?

Answer 7

The prosecution must prove that there was no physical coercion by a preponderance of evidence.