involuntary confession


involuntary confession
Confession is "involuntary" if it is not the product of an essentially free and unrestrained choice of its maker or where maker's will is overborne at the time of the confession. People v. Pickerel, 32 Ill.App.3d 822, 336 N.E.2d 778, 780.
Term refers to confessions that are extracted by any threats of violence, or obtained by direct or implied promises, or by exertion of improper influence. Phillips v. State, Okl. Cr., 330 P.2d 209, 214.
An involuntarily obtained confession cannot be used in prosecuting a defendant. Such a confession is inadmissible both because it is likely to be unreliable and because of society's aversion to forced confessions, even if true. Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908.
Coercive 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. Colorado v. Connelly, 479 U.S. 157, 107 S.Ct. 515, 93 L.Ed.2d 473.
See 18 U.S.C.A. No. 3501.
See also confession

Black's law dictionary. . 1990.

Look at other dictionaries:

  • involuntary confession — n. A confession made unwillingly and without free choice by someone whose rights against self incrimi nation have been violated by threat of violence, coercion, improper promises, etc. The Essential Law Dictionary. Sphinx Publishing, An imprint… …   Law dictionary

  • involuntary confession — Confession is involuntary if it is not the product of an essentially free and unrestrained choice of its maker or where maker s will is overborne at the time of the confession. People v. Pickerel, 32 Ill.App.3d 822, 336 N.E.2d 778, 780. Term… …   Black's law dictionary

  • involuntary confession — forced confession, confession that was obtained through unacceptable means …   English contemporary dictionary

  • involuntary confession — A confession obtained under the influence of fear, especially fear induced by threats of bodily harm, torture, personal violence, or abuse, by methods known as sweating or third degree or by holding out a promise or hope of a reward or immunity… …   Ballentine's law dictionary

  • confession — con·fes·sion n 1: an act of confessing 2: an acknowledgment of a fact or allegation as true or proven; esp: a written or oral statement by an accused party acknowledging the party s guilt (as by admitting commission of a crime) compare admission; …   Law dictionary

  • involuntary — in·vol·un·tary /in vä lən ˌter ē/ adj: done, made, or initiated contrary to or without one s choice an involuntary confession an involuntary lien an involuntary plaintiff joined in the action in·vol·un·tar·i·ly adv Merriam Webster’s Dictionary of …   Law dictionary

  • confession — A voluntary statement made by a person charged with the commission of a crime or misdemeanor, communicated to another person, wherein he acknowledges himself to be guilty of the offense charged, and discloses the circumstances of the act or the… …   Black's law dictionary

  • confession — A voluntary statement made by a person charged with the commission of a crime or misdemeanor, communicated to another person, wherein he acknowledges himself to be guilty of the offense charged, and discloses the circumstances of the act or the… …   Black's law dictionary

  • evidence — /ev i deuhns/, n., v., evidenced, evidencing. n. 1. that which tends to prove or disprove something; ground for belief; proof. 2. something that makes plain or clear; an indication or sign: His flushed look was visible evidence of his fever. 3.… …   Universalium

  • R. v. Oickle — SCCInfoBox case name=R. v. Oickle full case name= heard date=November 2, 1999 decided date=September 29, 2000 citations=2000 SCC 38, [2000] 2 S.C.R. 3 docket=26535 history= ruling= ratio= SCC=1999 2000 Majority=Iacobucci J. JoinMajority=… …   Wikipedia


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