What constitutes a threat that invalidates the voluntariness of a confession?

Prepare for the Queensland Evidence Bar Exam with comprehensive study material. Utilize flashcards and multiple-choice questions with hints and explanations. Excel in your exam preparation!

In assessing what constitutes a threat that invalidates the voluntariness of a confession, it is crucial to recognize that coercion does not strictly necessitate the presence of violence. The law generally holds that a confession is rendered involuntary when it is made under any form of compulsion—this can include psychological pressure or threats, even if physical violence does not occur.

If the conditions surrounding the confession suggest that the individual’s will was overborne by threats or coercive conduct, then that confession can be deemed involuntary. This can encompass situations where implied threats or the environment of fear and intimidation may pressure a suspect into confessing, regardless of whether those threats involve violence. Thus, any form of threat, whether direct, implied, or psychological, can undermine the individual's free will, making option B correct as it allows for the broad interpretation of coercive threats that might invalidate a confession.

Explicit threats of harm can certainly invalidate a confession, but the law goes beyond just explicit threats. Additionally, focusing solely on written threats or demonstrating that violence is involved limits the understanding of coercion’s breadth. Hence, option B captures the essence of various means by which a confession may be deemed involuntary.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy