Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Study Settings View Stats

Topic

Question Type

Essay Multiple Choice

Question Source

All Jurisprudence based

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

Facts: In a criminal case for homicide, accused Lorna was arrested on a street by two plainclothes officers without a warrant and brought to the municipal police station. She was placed in a bare interrogation room and subjected to nine hours of custodial interrogation, deprived of sleep, given no food, and not informed of her rights nor allowed to confer with a counsel. During custodial interrogation she signed a handwritten confession stating that she stabbed the victim during a heated argument with a kitchen knife. 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.

Choose the Best Answer

Confession is admissible because the accused signed a written confession; the act of signing demonstrates voluntariness, and failure to inform rights does not automatically invalidate the statement. Confession is admissible; the voluntariness test focuses on whether the confession was the product of the accused's free will; since there were no threats or promises and the accused chose to sign, lack of counsel and failure to read rights do not automatically render it involuntary. Confession is inadmissible; the right to counsel and information of rights are not applicable in this jurisdiction, and the court would exclude the confession but still require other independent evidence for conviction. Confession is inadmissible for lack of voluntariness; the test is the totality of the circumstances and here the prolonged custodial interrogation, sleep deprivation, and denial of rights show coercion. Conviction could still be sustained on independent evidence such as eyewitness testimony and a weapon with the defendant’s fingerprint.

Load another random question

Your Progress

No data Retention

Tracked Cards: 0
Accuracy: No data
Retained: 0

View Detailed Analytics

Difficulty Breakdown

Answer flashcards to build a real score-based difficulty breakdown.

Current Streak 0 Days

Start a streak with this card.

Suggested Decks

View All

Leech Cards

Review

No recent weak flashcards in your saved workbook.

More

Flashcards Studio

Question

Choose the Best Answer

Hello