Section 11.14 Inherent Weaknesses of Defendant

• Library: Criminal Practice 2012 Supp

2. (§11.14) Inherent Weaknesses of Defendant

Inherent weaknesses of the defendant, such as age, education, intelligence, experience, physical condition, addiction, and intoxication, should be considered. State v. Flowers, 592 S.W.2d 167, 169 (Mo. banc 1979); State v. Clark, 859 S.W.2d 782, 788 (Mo. App. E.D. 1993). A deficient mental condition does not by itself render a defendant’s statement involuntary, and there is no constitutional right to confess “only when totally . . . and properly motivated.” State v. Knese, 985 S.W.2d 759, 766 (Mo. banc 1999) (quoting State v. Smith, 944 S.W.2d 901, 911 (Mo. banc 1997)); State v. Lyons, 951 S.W.2d 584, 590 (Mo. banc 1997) (quoting Colo. v. Connelly, 479 U.S. 157, 166 (1986)). But when an interrogator manipulates the interrogator’s role as a...