Broken Promises and Involuntary Confessions: May a State Introduce Incriminating Statements Made by a Defendant as a Result of Promises in a Plea Bargain Agreement if the Defendant Breaches That Agreement?

Authors

Bradford Mank, University of Cincinnati College of LawFollow

Document Type

Article

Publication Date

1988

Abstract

There is a substantial constitutional question concerning whether admissions made pursuant to a plea bargain that the defendant has breached are admissible under the fifth amendment's privilege against compelled self-incrimination or the due process clauses of the fifth and fourteenth amendments. Courts have reached conflicting results in regard to whether such statements are voluntary.lo This Article argues that it is difficult to resolve whether such admissions are voluntary because courts have not provided a clear definition as to under what circumstances a confession is voluntary in accordance with the dictates of the fifth and fourteenth amendments.

Recommended Citation

Mank, Bradford, "Broken Promises and Involuntary Confessions: May a State Introduce Incriminating Statements Made by a Defendant as a Result of Promises in a Plea Bargain Agreement if the Defendant Breaches That Agreement?" (1988). Faculty Articles and Other Publications. 274.
https://scholarship.law.uc.edu/fac_pubs/274