Author Question: What factors affect the voluntariness of a confession? What will be an ideal ... (Read 83 times)

CBme · **on:** Aug 17, 2018

What factors affect the voluntariness of a confession?

What will be an ideal response?

Question 2

What is deliberate elicitation?

What will be an ideal response?

chloejackso · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

As a general rule, voluntariness is overcome when (1) the police subject the suspect to coercive conduct and (2) the conduct is sufficient to overcome the will of the suspect. The second requirement involves looking at the totality of circumstances to determine if the suspect's vulnerabilities and condition, coupled with the police conduct, led to giving an involuntary
confession.

Answer to Question 2

In the Sixth Amendment right-to-counsel context, deliberate elicitation occurs when police officers create a situation likely to induce a suspect into making an incriminating statement.