During the police investigation of a series of eight fires, the accused agreed to submit to a polygraph. The test took place in a motel and the police audiotaped the events. The accused was informed of his rights to silence, to counsel, and to leave at any time. He was also informed that while the interpretation of the polygraph results was not admissible, anything he said was admissible.

At the conclusion of the test, around 5 p.m., the officer conducting the test informed the accused that he had failed it. The accused was reminded of his rights and questioned for one hour. At 6:30 p.m., a second officer questioned the accused and, after 30 to 40 minutes, the accused confessed to setting the fire to his fiance's car and provided the police with a statement.

He appeared emotionally distraught at this time. The accused was arrested and warned of his rights. At the police station, he was placed in an interview room equipped with videotaping facilities where he was questioned about the other fires. Around 8:30 p.m. and 9:15 p.m., the accused indicated that he was tired and wanted to go home. He was informed that he was under arrest and he could call a lawyer but that he could not go home.

A third officer took over the interrogation at 9:52 p.m. He questioned the accused until about 11:00 p.m., at which time the accused confessed to setting seven of the eight fires. The accused was then seen crying with his head in his hands. The police then took a written statement from the accused. He was placed in a cell to sleep at 2:45 a.m. At 6:00 a.m., a police officer noticed that the accused was awake and asked whether he would agree to a re-enactment.

On the tape of the re-enactment, the accused was informed of his rights and was advised that he could stop the re-enactment at any time. The police drove the accused to the various fire scenes, where he described how he had set each fire. The accused was charged with seven counts of arson.

In point form answer the question:

Is the confession voluntary?

Identify key problems with this case, possible changes that should take place and what you think is the best solution that would solve the problems you identified.

Focus your analysis

• Identify two to five key problems.
• Why do they exist?
• How do they impact the case?
• Who is responsible for them?

Uncover possible solutions/changes needed

• Support your analysis with information from other relevant/similar cases.

Select the best solution

• Answer the question: Is the confession voluntary?
• Recommend further action to resolve some of the issues.