Difference between revisions of "Voluntariness Test"

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(Created page with "In the United States, a confession is admissible if a judge deems it to have been made voluntarily.<ref>Brown v. Mississippi, 297 U.S. 278 (1936)</ref>. Confessions which are inv...")
 
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The exclusion of involuntary evidence is premised on three principals:" First, exclusion of involuntary confessions tends to deter  police misconduct. Second, a confession should be freely made by a  rational person. Finally, confessions obtained with duress are inherently unreliable.   
 
The exclusion of involuntary evidence is premised on three principals:" First, exclusion of involuntary confessions tends to deter  police misconduct. Second, a confession should be freely made by a  rational person. Finally, confessions obtained with duress are inherently unreliable.   
  
Voluntariness is determined by a factfinder (judge or jury) by examining and taking into consideration the totality of the circumstnances
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Voluntariness is determined by a factfinder (judge or jury) by examining and taking into consideration the totality of the circumstances.<ref>Haynes v. Washington, 373 U.S. 503 (1963)</ref>.
  
The admissibility of incriminating statements made at the time a  defendant had his "rational intellect" and/or "free will" compromised by  mental disease or incapacity is to be governed by state rules of evidence and not by the Supreme Court's decisions regarding coerced  confessions and Miranda waivers.  Also, coercive police activity is a  necessary predicate to the finding that a confession is not "voluntary"  within the meaning of the Due Process Clause of the 14th Amendment. [5]
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Factors may include objective factors such as:
When determining whether a confession was voluntary, the court should look at the "totality of the circumstances". [6]  In certain circumstances, police misconduct may be so egregious that  the confession evidence should be excluded without regard for how that  conduct the defendant. However, when conduct is less egregious, a court  should consider if the conduct actually induced an involuntary  confession.
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*Duration of the interrogation
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*Length of pre-trial detention
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*Psychological threats
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*Police interrogation methods
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*Whether force or threat of force was used during interrogation
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Similarly, the factfinder must examine the defendant's subjective state of mind to determine whether given all those factors, the confessions was, in fact, involuntary. In doing so, they should consider the defendant's age, race, education, history and psychological state of mind during the interrogation.
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In certain circumstances, police misconduct may be so egregious that  the confession evidence should be excluded without regard for how that  conduct the defendant.  
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----
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See [[Confessions]], [[McNabb-Mallory Rule]]==Notes==
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<references/>

Revision as of 16:23, 15 February 2011

In the United States, a confession is admissible if a judge deems it to have been made voluntarily.[1]. Confessions which are involuntary may be excluded from evidence unless the defendant opens the door to the admission of the confession.

The exclusion of involuntary evidence is premised on three principals:" First, exclusion of involuntary confessions tends to deter police misconduct. Second, a confession should be freely made by a rational person. Finally, confessions obtained with duress are inherently unreliable.

Voluntariness is determined by a factfinder (judge or jury) by examining and taking into consideration the totality of the circumstances.[2].

Factors may include objective factors such as:

  • Duration of the interrogation
  • Length of pre-trial detention
  • Psychological threats
  • Police interrogation methods
  • Whether force or threat of force was used during interrogation

Similarly, the factfinder must examine the defendant's subjective state of mind to determine whether given all those factors, the confessions was, in fact, involuntary. In doing so, they should consider the defendant's age, race, education, history and psychological state of mind during the interrogation.

In certain circumstances, police misconduct may be so egregious that the confession evidence should be excluded without regard for how that conduct the defendant.


See Confessions, McNabb-Mallory Rule==Notes==

  1. Brown v. Mississippi, 297 U.S. 278 (1936)
  2. Haynes v. Washington, 373 U.S. 503 (1963)