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.
A second line of cases in the United States Federal Court is said to hold that a confession obtained during Federal custody in the United States is inadmissible if the defendant was not promptly produced in the court after the arrest. 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 admissible. There are three main factors that are said in the famous Goldberg Commission Report that would increase the chances of the like hood of a false confession. The first factor is to be the examine of the defendants personality. The defendant is more likely to confession when they have the major and hard task of differencing reality from fiction.
The second one in the report is the cluster of all the factors that are going to be the conditions of the confinement and the methods of interrogation that was used to bear on the defendant prior to them make in their confession. The third and last and final factors are the external forces that where used or may have been used to make the defendant make a external force confession or the pressure that was put on the defendant to make the false confession.
In conclusion to this day even though confession are a tuff subject and bring up a lot of debate. Also even though confessions can be unreliable to this day they still remain the gold standard of all the evidence for police investigations. Something that I did not no is that confessions are also sometimes called the Queen of Evidence.