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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a criminal case for robbery, accused Liza was arrested on the street by three officers without a warrant and brought to a police outpost. She was placed in a small, windowless room and interrogated for six hours, deprived of sleep. She was not informed of her rights and was not allowed to confer with a counsel. At the end of the session she signed a written confession stating that she personally robbed the complainant using force. The confession was offered and admitted into evidence over the defense’s objection. (a) Identify the controlling doctrine governing the admissibility of confessions and the test used to determine voluntariness. (b) Apply the doctrine to these facts and determine whether the confession is admissible. (c) If the confession is inadmissible, explain what other evidence the prosecution may rely on and whether conviction could still be sustained.

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The confession is inadmissible for lack of voluntariness; the controlling doctrine is that confessions must be voluntary, determined by the totality of the circumstances; applying the facts, the six-hour custodial interrogation, sleep deprivation, no rights advisement, and absence of counsel indicate involuntariness, so the confession should be excluded; however, the People may rely on independent evidence (e.g., eyewitness testimony, circumstantial evidence of misappropriation) to prove guilt, and a conviction could still be sustained if such evidence proves guilt beyond reasonable doubt. The confession is admissible because length of interrogation alone does not render a confession involuntary; the test is whether the accused’s will was overborne; since there is no direct threat described, it is admissible. The confession is inadmissible; the court should exclude; however, the People may still rely on other evidence such as victim testimony and physical or circumstantial evidence, and conviction could still be sustained if those evidence prove guilt beyond reasonable doubt. The confession is admissible only if corroborated by independent evidence; Without such corroboration, conviction would be inappropriate.

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