Return to Forensic Home Page|| Return to Table of Contents


Landmark Case

Case Name: COLORADO v. Francis Barry CONNELLY

Date, Location, Cite: 1986 CO
107 SC. 515 - 147 U.S. 157
Connelly confessed to a real murder, was Marinda-ized 2 ways, still gave details without attorney. Psychotic voices "made him confess." Trial Court suppressed his confession, said it was involuntary. CO Supreme Court affirmed. US Supreme Court reversed; "involuntary" means coercive POLICE action under 14th. Amendment. "5th Amendment not concerned with moral or mental pressure to confess, only official." Waiver of Miranda requires Preponderance of evidence (PoE=51%) but less than Beyond a reasonable doubt (~99+%) This is THE Case for Competent to Stand Trial but questionably COMPETENT to WAIVE MIRANDA. Competent to Stand Trial and COMPULSIVE at Confession DIFFERENT Issues.
(Patient pled to second degree homicide, then left CO in 1990)