2021 Georgia Code
Title 24 - Evidence
Chapter 8 - Hearsay
Article 2 - Admissions and Confessions
§ 24-8-824. Only Voluntary Confessions Admissible
To make a confession admissible, it shall have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.
(Code 1981, §24-8-824, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)
Cross references.- Prohibition against compelled self-incrimination, Ga. Const. 1983, Art. I, Sec. I, Para. XVI.
Law reviews.- For comment, "School Bullies - They Aren't Just Students: Examining School Interrogations and the Miranda Warning," see 59 Mercer L. Rev. 731 (2008).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Constitutional Considerations
- Voluntariness
- Procedural Considerations
RESEARCH REFERENCES
Am. Jur. 2d.
- 29A Am. Jur. 2d, Evidence, § 720.
Involuntary Confession - Psychological Coercion, 22 POF2d 539.
Custodial Interrogation Under Miranda v. Arizona, 23 POF2d 713.
Invalidity of Suspect's Waiver of Miranda Rights, 42 POF2d 617.
Invalidity of Confession or Waiver of Miranda Rights by Mentally Retarded Person, 42 POF3d 147.
ALR.
- Necessity that confession in prosecution for homicide during perpetration of another felony be corroborated by other evidence of the commission of the other felony, 79 A.L.R. 508.
Right of defendant in criminal case, where state has introduced incriminating portion of conversation or statements made by him, to elicit or introduce in evidence his exculpatory statements, 118 A.L.R. 138.
Constitutional aspects of procedure for determining voluntariness of pretrial confession, 1 A.L.R.3d 1251, 132 A.L.R. Fed. 415.
Mental subnormality of accused as affecting voluntariness or admissibility of confession, 8 A.L.R.4th 16.
Sufficiency of showing that voluntariness of confession or admission was affected by alcohol or other drugs, 25 A.L.R.4th 419.
Admissibility of confession or other statement made by defendant as affected by delay in arraignment - modern state cases, 28 A.L.R.4th 1121.
Voluntariness of confession as affected by police statements that suspect's relatives will benefit by the confession, 51 A.L.R.4th 495.
Confession by one who has been subjected to or threatened with physical suffering, 24 A.L.R. 703.
Voluntariness of confession admitted by court as question for jury, 85 A.L.R. 870; 170 A.L.R. 567.
Admissibility, on question as to voluntariness of confession, of events occurring, or statement made after the confession by defendant or others not as witnesses at trial, 85 A.L.R. 942.
Offer of defendant in criminal case to concede or stipulate fact, or his admission of same, as affecting prosecution's right to introduce evidence thereof, 91 A.L.R. 1478.
Duty of court to institute preliminary investigation as to voluntary or involuntary character of confession, 102 A.L.R. 605.
Presumption and burden of proof as to voluntariness of nonjudicial confession, 102 A.L.R. 641.
Right of witness to state his conclusion or opinion that confession was voluntary or involuntary, 114 A.L.R. 974.
Presence of jury during preliminary inquiry of court as to voluntariness of confession as prejudicial, 148 A.L.R. 546.
Suppression before indictment or trial of confession unlawfully obtained, 1 A.L.R.2d 1012.
Admissibility in evidence of unsigned confession, 23 A.L.R.2d 919.
Right of accused to show body to jury as evidence of violence by police in securing confession, 72 A.L.R.2d 1322.
Voluntariness and admissibility of minor's confession, 87 A.L.R.2d 624.
Impeachment of accused as witness by use of involuntary or not properly qualified confession, 89 A.L.R.2d 478.
Admissibility of confession as affected by its inducement through artifice, deception, trickery, or fraud, 99 A.L.R.2d 772.
Admissibility of confession by one accused of felonious homicide, as affected by its inducement through compelling, or threatening to compel, accused to view victim's corpse, 27 A.L.R.3d 1185.
What constitutes "custodial interrogation" within rule of Miranda v. Arizona requiring that suspect be informed of his federal constitutional rights before custodial interrogation, 31 A.L.R.3d 565.
Admissibility, in civil action, of confession or admission which could not be used against party in criminal prosecution because obtained by improper police methods, 43 A.L.R.3d 1375.
Admissibility of defense communications made in connection with plea bargaining, 59 A.L.R.3d 441.
Confession as defense in action for malicious prosecution, 66 A.L.R.3d 95.
Admissibility in evidence of confession made by accused in anticipation of, during, or following polygraph examination, 89 A.L.R.3d 230.
Admissibility of polygraph evidence at trial on issue of voluntariness of confession made by accused, 92 A.L.R.3d 1317.
Adequacy of defense counsel's representation of criminal client regarding confessions and related matters, 7 A.L.R.4th 180.
Sufficiency of showing that voluntariness of confession or admission was affected by alcohol or other drugs, 25 A.L.R.4th 419.
Admissibility of confession or other statement made by defendant as affected by delay in arraignment - modern state cases, 28 A.L.R.4th 1121.
Voluntariness of confession as affected by police statements that suspect's relatives will benefit by the confession, 51 A.L.R.4th 495.
Duty of court, in federal criminal prosecution, to conduct inquiry into voluntariness of accused's statement - modern cases, 132 A.L.R. Fed. 415.
