The Free and Voluntary Rule


  1. Explain the Free and Voluntary Rule that states that confessions are admissible under the due process clause when they result from various situations. Explain the situations and how they compare to each other.
  2. Confessions may be excluded from criminal trials if they are obtained in violation of an assortment of constitutional and statutory provisions. List the constitutional or statutory provisions and briefly describe the restriction(s) each imposes.
  3. What penalties may be imposed on a civil servant when they violate a suspect’s Fourth Amendment rights resulting in the inadmissibility of evidence?
  4. Explain the motives behind improper pressures exerted by an agent of the government, (the use of physical force or threats of force, false promises made by police that the suspect will avoid prosecution, receive a lighter sentence, or some other favorable treatment if he or she confesses to the crime), and the use of trickery, deceit, or psychological coercion by police. How would permitting this police behavior reduce protections for Americans (guilty and innocent alike)?

Sample Solution