Involuntary Confession Case Study
How does a court determine if the confession or statement given by an individual if voluntary or not. Will in the United States of America a confession is admissible if only a judge deems it to be and also deems it to be a voluntary statement of voluntary confession. The United States Supreme court was the first to exclude confessions procured and introduced in the states in criminal cases concluding that admissions of confessions would than violate due process. This rule is grounded into three principles and they are as follows first one is exclusion of involuntary confessions tend to deter police misconduct, two is a confession should be freely made by a rational person and last but not least is confessions obtained with or under duress are inherently unreliable. When the court is trying to determine if a confessions is voluntary they need to and all ways should look at a number of factors and look at the whole and all of the circumstances to see if the confession was voluntary or not.
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It is all ways most often the case that a trail court will and usually does require some type or form of additional corroborating evidence before an individual may be convicted on just a confession alone, this is sometimes called Corpus Delecti (The Body Of The Crime) this form and standards of proof required for corroboration varies from each jurisdiction to the next jurisdiction. Some practitioners and to me the best way have concluded that only video-taped or audi taped recorded confessions should be able to be
It is all ways most often the case that a trail court will and usually does require some type or form of additional corroborating evidence before an individual may be convicted on just a confession alone, this is sometimes called Corpus Delecti (The Body Of The Crime) this form and standards of proof required for corroboration varies from each jurisdiction to the next jurisdiction. Some practitioners and to me the best way have concluded that only video-taped or audi taped recorded confessions should be able to be