People v. Kincaid

I believe that this case was correctly appraised in the appellate court dissent of Justice Craven: “Although the record might support the finding that the defendant’s confession was the product of a rational intellect, the record does not support a finding that the defendant’s confession was a product of a free will.” (87 Ill. App. 3d 552, 559.) The majority here has committed the same error as the trial court. It confuses the product of a rational mind with the product of a free will and consequently has applied an improper test of voluntariness. The confession, correctly viewed, was not…