New Mexico Forms Library

Decision Information

Form 14-5040. Use of voluntary confession or admission.

Collection New Mexico Forms Library
Form Type Jury Instructions

Decision Content

14-5040. Use of voluntary confession or admission.1

            Before you consider a statement made by the defendant for any purpose, you must determine that the statement was given voluntarily. In determining whether a statement was voluntarily given, you should consider if it was freely made and not induced by promise or threat. [In determining whether the statement was induced by a promise or threat, you may consider the defendant’s mental state.]2

 

USE NOTES

            1.         This instruction must be used when the court has made a determination that a statement by the defendant is voluntary and then submits it to the jury for consideration.

            2.         Instruct with bracketed language only if at issue.

[As amended by Supreme Court Order No. 19-8300-016, effective for all cases pending or filed on or after December 31, 2019.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.