Question

Voluntariness is a critical element of a valid confession; that is, if the confession is elicited through coercion by means of invoking fear or making an appeal to the suspect's hope of leniency, then that confession is not valid in Court. Why is it necessary to require that a confession be voluntary? What does that requirement help ensure? Who is particularly vulnerable to coercion into making false confessions?  Discuss this requirement and the repercussions in its implementation. Refer to the text, to cases and Court decisions as discussed in the text or in other sources in your discussion.


Interrogation, Confession, and the Right to Counsel, Ch. 4 &5 , Solan & Tiersma

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FORUM DESCRIPTION Voluntariness is a critical element of a valid confession; that is, if the confession is elicited through coercion by means of invoking fear or making an appeal to the suspect's hope of leniency, then that confession is not valid in Court. Why is it necessary to require that a confession be voluntary? What does that requirement help ensure? Who is particularly vulnerable to coercion into maki false confessions? Discuss this requirement and the repercussions in its implementation. Refer to the text, to cases and Court decisions as discussed in the text or in other sources in your discussion. Note: you are expected to comment substantively and to refer to at least one of the readings and include the bibliographic citation -- see the Discussion Board grading rubric.

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Answer & Explanation
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Good day student!

 

As a person working in the legal field, I will provide simple, clear, and short answers in order for you to understand and retain the answers and ideas. These will help you lengthen or even create better answers in the future.

 

Voluntariness is a critical element of a valid confession; that is, if the confession is elicited through coercion by means of invoking fear or making an appeal to the suspect's hope of leniency, then that confession is not valid in Court. 

Why is it necessary to require that a confession be voluntary? 

What does that requirement help ensure?

Who is particularly vulnerable to coercion into making false confessions?  Discuss this requirement and the repercussions in its implementation. Refer to the text, to cases and Court decisions as discussed in the text or in other sources in your discussion.

 

It is necessary to require that a confession be voluntary so that the confession will be pure and free from injustice. There are times when confessions are coerced and at times false which will mislead the officers of law to prosecute the real culprit. The Supreme Court at times continued to ground exclusion of involuntary confessions on this common law foundation of unreliability without any mention of the constitutional bar against self-incrimination.

Step-by-step explanation

 Then, language in the 1897 case of Bram v. United States opened the door to eventually extending the doctrinal basis for analyzing the admissibility of a confession beyond the common-law test that focused on voluntariness as an indicator of the confession's trustworthiness as evidence.

 

In criminal trials, in the courts of the United States, wherever a question arises whether a confession is incompetent because not voluntary, the issue is controlled by that portion of the Fifth Amendment to the Constitution of the United States, commanding that no person 'shall be compelled in any criminal case to be a witness against himself.

 

In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. The Miranda rights must be observed by all people, and at all times.

 

 

I hope this helps you. Knocking to your hearts to click "helpful."

 

God bless!