Bar Exam — MBE (Multistate Bar Exam)EvidenceHard
During a criminal trial for robbery, the prosecutor calls a police officer to testify about statements made by the defendant during a custodial interrogation. The defendant's attorney objects, arguing that the statements were coerced and thus involuntary. The court holds a hearing outside the presence of the jury to determine the admissibility of the statements. Who bears the burden of proof regarding the voluntariness of the confession, and what is the standard of proof?
- AThe defendant, beyond a reasonable doubt.
- BThe defendant, by a preponderance of the evidence.
- CThe prosecution, by clear and convincing evidence.
- DThe prosecution, by a preponderance of the evidence.
Show answer & explanationAnswer & explanation
Correct answer: D. The prosecution, by a preponderance of the evidence.
When the voluntariness of a confession is challenged, the prosecution bears the burden of proving by a preponderance of the evidence that the confession was voluntary. This is a constitutional requirement to ensure due process and protect against coerced confessions.
Why the other options are wrong
- A. The burden is on the prosecution, and the standard is preponderance of the evidence, not beyond a reasonable doubt, which is the standard for guilt at trial.
- B. The burden is on the prosecution, not the defendant, for voluntariness.
- C. The standard of proof for voluntariness is preponderance of the evidence, not clear and convincing evidence.
Voluntariness of Confessions
For a confession to be admissible, it must be voluntary, meaning it was not induced by coercion, threats, or improper promises by law enforcement. The prosecution has the burden of proving voluntariness.
- Determined by the totality of the circumstances (defendant's background, conduct of police).
- Prosecution bears the burden of proof.
- Standard of proof is preponderance of the evidence.
Memory trick: Confession? Check the 'V.O.L.U.N.T.A.R.Y.' nature!