NCJ Number
40485
Journal
Baylor Law Review Volume: 29 Issue: 1 Dated: (WINTER 1977) Pages: 1-26
Date Published
1977
Length
26 pages
Annotation
THIS ARTICLE IS INTENDED TO SERVE AS A GUIDE FOR THE PRACTICING ATTORNEY CONFRONTED WITH A QUESTION CONCERNING THE ADMISSIBILITY OF A CONFESSION IN A STATE PROSECUTION.
Abstract
THE COMPLEXITY OF THE RULES OF EVIDENCE GOVERNING THE ADMISSIBILITY OF CONFESSIONS IS DUE BOTH TO THE PARAMOUNT IMPORTANCE ATTACHED TO THE STATEMENT OF A DEFENDANT ADMITTING GUILT AND TO THE WIDE VARIETY OF CIRCUMSTANCES UNDER WHICH SUCH STATEMENTS MIGHT BE MADE. THE CONCERNS OF VARIOUS JUDICIAL AND STATUTORY RULES OF EVIDENCE IS TO INSURE THAT THE STATEMENT WAS MADE VOLUNTARILY BY THE DEFENDANT. THE TOPICS OF THE VOLUNTARINESS REQUIREMENT, JURY ISSUES, IMPEACHMENT, CONFESSIONS OBTAINED BY CUSTODIAL INTERRROGATION, VOLUNTEERED STATEMENTS, THE RES GESTAE RULE, CONFESSIONS ARISING FROM ILLEGAL ARREST, EAVESDROPPING AND CONFESSIONS OF A CODEFENDANT ARE DISCUSSED WITH FULL ANALYSES OF PERTINENT SUPREME COURT DECISIONS....MSP