§ 3501. Admissibility of confessions
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(a)In any criminal prosecution brought by the United States or by the District of Columbia, a confession, as defined in subsection
(e)hereof, shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such weight to the confession as the jury feels it deserves under all the circumstances.
(b)The presence or absence of any of the above-mentioned factors to be taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession.
(c)In any criminal prosecution by the United States or by the District of Columbia, a confession made or given by a person who is a defendant therein, while such person was under arrest or other detention in the custody of any law-enforcement officer or law-enforcement agency, shall not be inadmissible solely because of delay in bringing such person before a magistrate judge or other officer empowered to commit persons charged with offenses against the laws of the United States or of the District of Columbia if such confession is found by the trial judge to have been made voluntarily and if the weight to be given the confession is left to the jury and if such confession was made or given by such person within six hours immediately following his arrest or other detention: Provided, That the time limitation contained in this subsection shall not apply in any case in which the delay in bringing such person before such magistrate judge or other officer beyond such six-hour period is found by the trial judge to be reasonable considering the means of transportation and the distance to be traveled to the nearest available such magistrate judge or other officer.
(d)Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such confession was not under arrest or other detention.
(e)As used in this section, the term “confession” means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.
(Added Pub. L. 90–351, title II, § 701(a), June 19, 1968, 82 Stat. 210; amended Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
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9 references not yet in our index
- Pub. L. 90–351, title II, § 701(a)
- 82 Stat. 210
- Pub. L. 90–578, title III, § 301(a)(3)
- 82 Stat. 1115
- Pub. L. 101–650, title III, § 321
- 104 Stat. 5117
- section 701(a) of Pub. L. 90–351
- Pub. L. 90–578
- section 321 of Pub. L. 101–650
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§ 3501
Admissibility of confessions
Pub. L.Pub. L. 90–351, title II, § 701(a)
Stat.82 Stat. 210
Pub. L.Pub. L. 90–578, title III, § 301(a)(3)
Stat.82 Stat. 1115
Pub. L.Pub. L. 101–650, title III, § 321
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