Colorado V. Connelly - Consequences

Consequences

Connelly significantly changed the voluntariness standard - the test used to determine the admissibility of confessions under the due process clauses of the Fifth and Fourteenth Amendments. Before Connelly the test was whether the confession was voluntary considering the totality of the circumstances. "Voluntary" carried its everyday meaning: the confession had to be a product of the exercise of the defendant's free will rather than police coercion. After Connelly the totality of circumstances test is not even triggered unless the defendant can show coercive police conduct. Questions of free will and rational decision making are irrelevant to a due process claim unless police misconduct existed and a causal connection can be shown between the misconduct and the confession. *should be evaluated for bias*

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