§ 3501. — Admissibility of confessions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3501]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 223--WITNESSES AND EVIDENCE
Sec. 3501. Admissibility of confessions
(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 trial judge in determining the issue of voluntariness shall
take into consideration all the circumstances surrounding the giving of
the confession, including (1) the time elapsing between arrest and
arraignment of the defendant making the confession, if it was made after
arrest and before arraignment, (2) whether such defendant knew the
nature of the offense with which he was charged or of which he was
suspected at the time of making the confession, (3) whether or not such
defendant was advised or knew that he was not required to make any
statement and that any such statement could be used against him, (4)
whether or not such defendant had been advised prior to questioning of
his right to the assistance of counsel; and (5) whether or not such
defendant was without the assistance of counsel when questioned and when
giving such confession.
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, Sec. 701(a), June 19, 1968, 82 Stat.
210; amended Pub. L. 90-578, title III, Sec. 301(a)(3), Oct. 17, 1968,
82 Stat. 1115; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104
Stat. 5117.)
Amendments
1968--Subsec. (c). Pub. L. 90-578 substituted ``magistrate'' for
``commissioner'' wherever appearing.
Change of Name
Words ``magistrate judge'' substituted for ``magistrate'' wherever
appearing in subsec. (c) pursuant to section 321 of Pub. L. 101-650, set
out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
