PROSECUTOR HOMICIDE DUTY - COURT USE OF ITS FRUITS

• NCJ Number: 34681
• Journal: Prosecutor Volume: 11 Issue: 5 Dated: (1976) Pages: 364-369
• Author(s): G NICHOLSON; T CONDIT
• Date Published: 1976
• Length: 6 pages
• Corporate Author: National District Atorneys Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE DEALS WITH THE USE OF EVIDENCE (USUALLY ADMISSIONS OR CONFESSIONS) GENERATED BY PROSECUTOR HOMICIDE DUTY IN CALIFORNIA - IN WHICH AN EXPERIENCED PROSECUTOR ASSISTS EARLY IN HOMICIDE INVESTIGATIONS.

Abstract

THE THREE MODES OF LITIGATING THE ADMISSIBILITY OF STATEMENTS IN CALIFORNIA ARE DISCUSSED. THEY INCLUDE COMMON LAW MOTIONS, STATUTORY VOLUNTARINESS MOTIONS, AND DIRECT AND INDIRECT STATUTORY MOTIONS ATTACKING STATEMENTS. SUBSTANTIVE CONSIDERATIONS TAKEN INTO ACCOUNT INCLUDE CUSTODY, LAWFUL CUSTODY, ADMONITIONS FROM THE PROSECUTOR TO THE ACCUSED REMINDING THE ACCUSED THAT FURTHER STATEMENTS MUST FOLLOW FROM HIS INITIATIVE, VOLUNTARINESS, AND THE METHODS USED IN DOCUMENTING THE STATEMENT OR CONFESSION. VIDEOTAPING OR FILMING THE CONFESSION IS THE MOST CREDIBLE METHOD.