What constitutes a confession being considered "involuntary"?

A confession is deemed "involuntary" when it is obtained under coercive or deceptive circumstances. This means that if law enforcement uses tactics that create significant pressure or utilize misrepresentation to compel an individual to confess, the confession can be considered involuntary. Involuntariness is a key factor that can lead to the exclusion of such confessions as evidence in court. The standard for determining involuntariness focuses on whether the individual's will was overborne by the circumstances surrounding the confession, including the methods employed by law enforcement.

For instance, techniques that include physical threats, psychological manipulation, prolonged detention, or promises of leniency can render a confession involuntary. The courts assess the totality of the circumstances to determine if the confession was made freely and voluntarily.

The other options do not capture the essence of what makes a confession involuntary. A confession made without the presence of an attorney, while concerning, does not automatically make it involuntary—it depends on the circumstances surrounding its procurement. Similarly, the fact that someone is under stress does not itself mean the confession is involuntary; stress can be a natural part of the interrogation process. Lastly, a confession made outside of an interrogation setting does not pathologically affect its voluntariness, as the context