A Conceptual Framework for Voluntary Confessions and the Privilege Against Self-Incrimination

Abstract

AbstractThe privilege against self-incrimination entails that anyone accused of a criminal offence has the right to remain silent. However, waiving the privilege is possible, but such waiver must be voluntary and in accordance with the will of the accused. This article examines the impact of sentence reductions based on confessions on the voluntariness of confessions. I argue that the concept of voluntariness must be interpreted from the perspective of the values and objectives underlying the privilege against self-incrimination. Depending on the perspective chosen (i.e. objectives and values), sentence reductions can be problematic from the standpoint of the privilege against self-incrimination and the voluntariness requirement it entails. However, it should be also noted that moderate incentives can simultaneously promote the realization of these values and objectives, such as material truth. Categorical negative attitude towards all sentence reductions can be detrimental to the values that the privilege and the voluntariness requirement seek to protect.