Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Can the Commonwealth use an inadmissible confession in their case?

1. Yes, if it can be justified

2. No, it cannot be used

3. Only with a special court order

4. Yes, but only for impeachment

The correct answer is: No, it cannot be used

The assertion that the Commonwealth cannot use an inadmissible confession is based on principles of evidentiary law and protection against coercive interrogation practices. Confessions that are deemed inadmissible typically arise from violations of an individual's rights, such as those protected under the Fifth Amendment, which includes the right against self-incrimination, or the Miranda rights. An inadmissible confession is one that the court has determined cannot be relied upon in a legal proceeding because it was obtained through improper means—such as coercion, threat, or without adequate warning of rights. When evidence is deemed inadmissible, it reflects the legal system's commitment to fair trial rights and maintaining the integrity of judicial proceedings. The foundational purpose of these rules is to prevent the use of unreliable evidence that could lead to wrongful convictions. In practical terms, this means that if the Commonwealth tries to use an inadmissible confession as part of their case-in-chief, it will be excluded from evidence, ensuring that a defendant's rights are upheld and the trial process remains just. The other options all suggest circumstances or conditions under which an inadmissible confession might be utilized, which is inconsistent with the legal standards governing admissibility of evidence in court.