§ 5-4 Confession of Minor—age as Only One of the Factors in Determining Voluntariness

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2023 Ed.)

§ 5-4 Confession of Minor—Age as Only One of the Factors in Determining Voluntariness

While the age of an individual is a factor to be taken into consideration in determining whether a statement or confession of a minor is voluntary, the determination must be made only after considering the totality of the circumstances. A minor has the capacity to make a voluntary confession, even of a serious crime, without the presence or consent of counsel or other responsible adult, and the admissibility of such a...