People v. Conte

In People v. Conte, 421 Mich 704; 365 NW2d 648 (1984), the Supreme Court of Michigan issued four separate opinions. Chief Justice Williams, joined by Justices Kavanagh and Levin, endorsed the reasoning which defendant seeks to apply in this case. Id. at 712 (opinion of Williams, J.). However, the remaining four justices adopted a totality of the circumstances test, which examines whether the defendant's inculpatory statement was voluntary. Id. at 751 (opinion of Boyle, J.); Id. at 761 (opinion of Brickley, J.); Id. at 761-762 (opinion of Cavanagh, J.). A majority of the justices held that a confession is admissible if voluntarily given, and set forth the following factors to be considered when determining the voluntariness of a confession: A multiplicity of factors, including, but not limited to, the nature of the inducement, the length and conditions of detention, the physical and mental state of the defendant (including his age, mentality, and prior criminal experience), the conduct of the police, and the adequacy and frequency of advice of rights. Id. at 754 (opinion of Boyle, J.) The burden is on the prosecution to prove by a preponderance of the evidence that the promises of leniency did not "overcome the defendant's ability to make a voluntary decision to make a statement." Id. at 754-755 (opinion of Boyle, J.). If the prosecution succeeds, the incriminating statement or confession will be admissible. Id.