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How does a court determine if the apology or commentary is given voluntarily? Can you also provide an example of when a statement is not given voluntarily? The frighten off that the court system decides whether or not law force free rein obtained a statement or apology unwillingly and involuntarily by a person is the use of the totality of the megabucks test. The court will look at the whole establish wind or all of the circumstances; they take into regard several(prenominal) factors. The first factor is Suspect vulnerabilities: What is the age of the suspect? be they young or old? Are the educated or do they have a mental disability? Or maybe did the suspect have a physical cross off out that would make them vulnerable. They question whether the suspect was an alcoholic or a drug addict or even a smoker. whatever of those would mean that if withheld whatever of these, the suspect would eventually pick up a fix and because irritable and vulnera ble to severe police interrogation, and learn to a confession or statement that could bawl out them, near so they could have a fix. Of course I highly doubt they would get an alcoholic beverage from the police after(prenominal) an interrogation, but the point of the matter is that if police officers deny all person their liberty, life or property, i.e.

left in domestic heat, no water, no food, the person was deprived of their rights, in a form of torture to get them to talk and possibly incriminate themselves. The next factor the courts look at is the Interrogation factors. such(prenominal) factors would inclu de the length of the interrogation or questi! oning, the number of officers; define of day or night, the denial of food and water, sleep or other basic needs. Like I stated in the previous paragraph, denying a person of these basic needs is a violation of the 5th and 14th amendments, and is considering overbearing for the suspect or person in question. So if an officer has obtained a confession or a statement under these circumstances, it will not be...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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