MEMORANDUM OF PENNSYLVANIA LAW ON CONFESSIONS - A DEFENSE VIEW, JUNE 1977

• NCJ Number: 46692
• Author(s): J B CRUMMETT; E D OHLBAUM
• Date Published: 1977
• Length: 74 pages
• Grant Number(s): DS-75-C-71-9-628
• Sponsoring Agency: Pennsylvania Governor's Justice Cmssn
• Corporate Author: Pennsylvania Governor's Justice Cmssn; Public Defender Assoc of Pennsylvania
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

CASE LAW RELATED TO THE USE OF A DEFENDANT'S STATEMENTS AGAINST HIM AT TRIAL IS EXAMINED IN A SURVEY DIRECTED TO DEFENSE ATTORNEYS IN PENNSYLVANIA.

Abstract

MOST OF THE CASES REFERRED TO ARE FROM THE SUPREME COURT OF PENNSYLVANIA. SOME REFERENCES TO U.S. SUPREME COURT AND SUPERIOR COURT OF PENNSYLVANIA CASES ARE INCLUDED. THREE APPROACHES BY WHICH THE DEFENSE ATTORNEY MAY GAIN ACCESS TO FORMAL STATEMENTS MADE BY THE DEFENDANT ARE DESCRIBED. ISSUES RELATED TO ATTEMPTS TO SUPPRESS SUCH STATEMENTS ARE EXAMINED, AND STRATEGIES FOR LITIGATING MOTIONS TO SUPPRESS ARE DISCUSSED. TRADITIONAL AND NONTRADITIONAL VIEWS CONCERNING THE VOLUNTARINESS OF CONFESSIONS ARE ANALYZED. PROBLEMS RELATED TO GRAND JURY TESTIMONY PRESENTED BY A WITNESS WHO BECOMES A DEFENDANT ARE NOTED. PROBLEMS TO BE ADDRESSED BY THE DEFENSE ATTORNEY WHEN A MOTION TO SUPPRESS FAILS AND THE DEFENDANT'S STATEMENT IS USED IN TRIAL ARE CONSIDERED. APPROACHES THAT MAY BE PURSUED BY THE DEFENSE ATTORNEY IN ATTEMPTING TO PERSUADE THE JURY TO DISREGARD THE DEFENDANT'S CONFESSION ARE DISCUSSED. (LKM)