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Confession – An uncoerced confession freely given. A voluntary confession is a person’s incriminating statement that is made without any coercion (including prolonged detention), not made following any abuse or coercion or threat of abuse or coercion, made with the person’s knowledge that the person is not required to make the statement, and made by someone of age and capacity to appreciate that such statements may have significance for the person’s criminal liability.

A confession must be voluntary to be admitted into evidence against a person in any criminal trial as a matter of due process of law, and in any federal trial as a matter of statute. Not all voluntary confessions are admissible. A confession by a person in custody that is given after an unreasonable delay in presenting the person before a judge is still inadmissible even if it is otherwise voluntary.

Also see Coerced Confession.

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