But they gave good account of themselves, and before they had been overborne
by force of numbers they had killed two and disabled three more.
A suspect's vulnerability, as well as the interrogation tactics employed,(3) determines whether a particular suspect's will is overborne. By using a totality of the circumstances test to determine the voluntariness of a confession, courts recognize that different suspects are not equally susceptible to coercive police interrogation tactics.(4) Thus, police tactics permissible in one case might overbear the will in another.
1020 (1989) (three-factor test for confession to be "involuntary" under due process requires 1) objectively coercive police activity that 2) was sufficient to overbear the will of the accused (considering subjective state of mind) and 3) because of the coercive police activity the defendant's will was overborne).