Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

What happens to a confession obtained illegally?

1. It is admissible into evidence

2. It will be suppressed and inadmissible

3. It can be used only in civil cases

4. It remains valid regardless of method

The correct answer is: It will be suppressed and inadmissible

When a confession is obtained illegally, it is typically considered to be a violation of a person's rights, particularly the right against self-incrimination and the right to due process. As a result, such a confession is generally deemed to be unreliable and thus inadmissible in a criminal court. This principle is rooted in the exclusionary rule, which states that evidence obtained through unconstitutional means cannot be used in trial to protect the integrity of the judicial process. Courts seek to deter law enforcement from employing coercive or unconstitutional tactics by excluding evidence obtained from such practices. This ensures that confessions are given voluntarily and without duress, thus upholding the defendant's rights. There are exceptions in some civil cases where the rules might differ, but in a criminal context, an illegally obtained confession would be suppressed and cannot be used against the accused.