Confessions in the Courtroom by Lawrence S. Wrightsman PDF

Rules Procedures

By Lawrence S. Wrightsman

ISBN-10: 080394554X

ISBN-13: 9780803945548

The motives of confessions, the acceptability of confessions extracted below duress and the interrogation methods utilized by police are one of the themes explored during this quantity. The authors research how the North American criminal process has developed in its remedy of confessions during the last 50 years, review the method for identifying the admissability of confession testimony and supply learn findings on jurors' reactions to voluntary and coerced confessions.

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Example text

The Law: A Historical View 29 As an example of the inconsistency, compare the following rul­ ings: In Dorsciak v. " Yet in People v. " A H E A R I N G TO A S S E S S V O L U N T A R I N E S S We have noted that voluntariness has emerged as a central concept in determining whether a confession elicited by the police should be admitted into evidence. But how is this implemented? In one of its clarifying decisions, the Warren Supreme Court, in Jackson v. Denno (1964), made explicit the exclusion of those confes­ sions obtained against the will of the accused.

300). S. S. Supreme Court decisions regarding confessions, Otis H. Stephens, Jr. (1973), observed that the initial concern of the Court, in the early 1900s, was toward the "third degree" practices of the police (see Chapter 4). What resulted as the most common legal sanction against inappropriate police questioning was to challenge the admissibility of the evidence thus obtained. 1. S. Constitution. 1 Corroboration as a Requirement Against False Confessions Stephens (1973) notes: "In addition to its development of safe­ guards against coerced confessions, the Supreme Court has also endorsed the evidentiary rule requiring corroboration of any extra­ judicial confession, admission, or other statement made by the defendant and later introduced as evidence of guilt.

The Brown v. 2. Until the 1960s, however, the Court was divided in its opinion about the kind of police pressure that was less drastic than the use of physical force or overt threats. As Stephens noted, Intra-Court disagreement has also risen over the point separat­ ing legitimate interrogation from unconstitutional coercion. Some justices (frequently a majority) have maintained that this distinc­ tion should be made largely on the basis of the individual suspect's supposed ability to withstand the pressure of police questioning.

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Confessions in the Courtroom by Lawrence S. Wrightsman

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