How the court determines if a confession should be admissible or not

Discuss how the court determines if a confession should be admissible or not. What does the court look for to determine if a confession is voluntarily given?

 

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The court determines if a confession is admissible or not by the method which it was obtained, meaning if an individual was forced or coerced into giving a confession, or if it was voluntarily given. All the circumstances surrounding the confession must be taken into account.  If an individual decides to confess to a crime after their arrest, their confession will likely be used in court because during the time of their arrest they were advised of their rights and chose not to invoke them when being questioned by police. Another factor would be if the individual knew what they were being accused of. It wouldn’t make sense for someone to confess to a crime that they didn’t commit, unless they were coerced. We know that if a confession was coerced from an individual it will likely cause the entire case to be thrown out.

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