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Which of the Below Statements Is NOT Correct

Question 21

Multiple Choice

Which of the below statements is NOT correct?


A) The burden is on the government to prove by a preponderance of evidence that defendant's statements were voluntary.
B) There is presumption that a custodial confession is involuntary.
C) The defendant bears the burden to show such statement was involuntarily.
D) The court must make independent determination based upon totality of circumstances, resolving all doubts in favor of individual rights and constitutional safeguards.

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