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bestmilitarydefensedefenseattorneys9.58.19PMcopyThe concept of voluntariness entails elements of the voluntariness doctrine, due process, and compliance with Article 31(d).23 Whether or not Miranda is implicated, a confession must be voluntary 22 The Analysis to the rule describes collateral matters as “evidence of minimal importance” (“usually dealing with a rather distant fact solicited for impeachment”). 23 See generally Captain Fredric I. Lederer, The Law of Confessions — the Voluntariness Doctrine , 74 Mil. L. Rev. 67 (1976). to be valid. Thus, a confession deemed coerced must be suppressed despite a validly obtained waiver in the first instance. In determining whether a confession is voluntary, it is necessary to look at the totality of the circumstances concerning whether the accused’s will was overborne and whether the confession was the product of an essentially free and unconstrained choice by its maker. Some factors to consider in assessing the totality of the circumstances include the age, education, and intelligence of the accused, whether the accused has been informed of his constitutional rights, the repeated and prolonged nature of the questioning, and the use of physical punishment, such as the deprivation of food or sleep.