U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Criminal Confessions and the Mentally Disabled: Colorado v. Connelly and the Future of Free Will (From Criminal Court Consultation, P 157-192, 1989, Richard Rosner, Ronnie B Harmon, eds. -- See NCJ-135552)

NCJ Number
135563
Author(s)
M L Perlin
Date Published
1989
Length
36 pages
Annotation
In its 1986 decision in Colorado v. Connelly, the Rehnquist Court's first decision involving the confession of a mentally disabled person, the U.S. Supreme Court made it clear that inquiries regarding whether confessions were voluntary were to be limited to matters involving police coercion.
Abstract
The court also emphasized that in the absence of such coercion, the issue of "free will" is not a topic for constitutional consideration. Connelly was a man who approached a uniformed police officer in Denver and stated, without any prompting, that he had murdered someone and "wanted to talk about it." He then waived his Miranda rights. The trial court and Colorado Supreme Court agreed that the defendant's schizophrenia, to which a psychiatrist had testified, had destroyed his volition and voided his waiver of his rights. The decision is ambiguous in its implications for future cases involving mentally ill offenders, and only future judicial decisions will indicate whether the case will be interpreted narrowly or whether the long-predicted end of Miranda rights has come. 130 references