Confession

A suspect's statement admitting guilt; admissible only if voluntary and obtained consistent with Miranda and the right to counsel.

A confession is a party admission and thus not hearsay when offered against the defendant. Its admissibility turns on constitutional doctrine: it must be voluntary (not the product of coercion), and if custodial, preceded by Miranda warnings and a valid waiver. The fruit-of-the-poisonous-tree doctrine may also suppress evidence derived from an unlawful confession.

Related terms

Back to Evidence