Coerced Confession Law & Legal Definition


A coerced confession is one made against one's free will. To determine whether a confession was made freely and voluntarily, the "totality of the circumstances" must be considered. by criminal suspects are generally regarded as inadmissible in court proceedings because of the privilege against compulsory self‐incrimination included in the Fifth Amendment.

The central consideration in determining whether a confession has been coerced always involves this question: did the governmental conduct complained of bring about a confession not freely self-determined? Incriminating statements obtained by government acts, threats, or promises that permit the defendant's will to be overborne are coerced confessions that violate the Fifth Amendment. A confession is not considered coerced merely because the police misrepresented to a suspect the strength of the evidence against him.