Under the 14th Amendment, a confession must be voluntary and not coerced.

• A. True
• B. False
• C. Only required if suspect is in custody
• D. Only required if a minor

Answer: (A)

Confessions must be voluntary under the 14th Amendment due process clause. The admissibility of a statement hinges on whether it was the product of coercion or overbearing police conduct, judged by the totality of the circumstances (age, education, mental state, length and conditions of interrogation, threats or promises, deception, physical pressure, sleep deprivation, etc.). If the police have coerced or pressured a suspect to confess, the confession is inadmissible in state court. Miranda warnings relate to custodial interrogation and the right to counsel, but they do not determine voluntariness by themselves; a confession can be voluntary (and admissible) or involuntary (and inadmissible) independently of whether warnings were given. The correct view is that a confession must be voluntary, not coerced.