An involuntary confession can't be used against a defendant at trial, not even to impeach him if he testifies. See, e.g., Mincey v. Arizona, 437 U.S. 385 (1978). Whether a confession is voluntary is determined by examining the totality of the circumstances, see, e.g., Withrow v. Williams, 507 U.S. 680 (1993), and asking whether "the confession [is] the product of an essentially free and unconstrained choice by its maker," Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (internal quotation marks and citations omitted). Factors that may be relevant to this determination include whether [the] defendant was in custody, whether he was deceived, whether his Miranda rights were honored, whether he was held incommunicado, the length of the interrogation, whether there were physical threats or shows of violence, whether promises were made to obtain the confession, the familiarity of the declarant with the criminal justice system, and the mental condition of the declarant. State v. Hyde, 352 N.C. 37 (2000) (internal quotation marks and citations omitted). None of these factors alone is dispositive. Thus, for example, “[a] promise of leniency renders a confession involuntary only if the confession is so connected with the inducement as to be the consequence of it.” State v. Pressley, 266 N.C. 663 (1966). Indeed, although police interrogations routinely contain suggestions that a truthful confession may be viewed favorably by the authorities, relatively few North Carolina cases have reversed criminal convictions as a result of such representations. That brings us to State v. Bordeaux, a remarkable case decided by [...]
Faculty Coordinators
