Constitutional Law Center > Documents > Miranda v. Arizona > 18 USC § 3501

-CITE-

    18 USC Sec. 3501                                             01/05/99

-EXPCITE-

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

    PART II - CRIMINAL PROCEDURE

    CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

    Sec. 3501. Admissibility of confessions

-STATUTE-

      (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 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 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 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.

-SOURCE-

    (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.)

-MISC1-

                                 AMENDMENTS

      1968 - Subsec. (c). Pub. L. 90-578 substituted ''magistrate'' for

    ''commissioner'' wherever appearing.

-CHANGE-

                               CHANGE OF NAME

      Reference to United States magistrate or to magistrate deemed to

    refer to United States magistrate judge pursuant to section 321 of

    Pub. L. 101-650, set out as a note under section 631 of Title 28,

    Judiciary and Judicial Procedure.