VI.(F) 14th Amendment - Confessions

Question 1

State the 14th Amendment rights regarding confessions?

Answer 1

The due process clause of the 14th amendment requires that confessions be voluntary.

Question 2

What is a “voluntary” confession?

Answer 2

One that was no COERCED by police - looks at (1) whether conduct was coercive and (2) whether it was sufficient to overcome this suspect’s will - looking at their age, level of education, familiarity with the criminal justice system.

Non-incriminating statements are not afforded relief.

[Example: This is why Brendan Dassey’s confession was a constitutional violation]