18 U.S.C. § 3501 : US Code - Section 3501: Admissibility of confessions

Search 18 U.S.C. § 3501 : US Code - Section 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.