Voluntariness Test

From Criminal Defense Wiki
Revision as of 16:25, 15 February 2011 by Ibjadmin (talk | contribs)
Jump to navigationJump to search

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


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