There Are Three Primary Criticisms of the Due Process Test

Essay

There are three primary criticisms of the due process test of voluntariness of confessions: a lack of clear police guidelines, the fact that defendants may falsely claim police misconduct, and that this lack of standards encourages (unnecessary) appeals and litigation.Explain the foundations behind these criticisms and how the Court has (or could) respond to them.Are these concerns enough of a concern to reconsider the policy? Why or why not?