Confessions are often a large part of a conviction. In the past twenty-five years many of those convicted based primarily based on confessions have been found to be innocent through the use of DNA
Explain what constitutes a confession, discuss case law and rulings regarding confessions, and find one outside case in which an innocent person was convicted based on a faulty confession and describe the circumstances surrounding that case.
A confession is a voluntary, self-incriminating statement of events made to the police by an individual who admits agency or participation in a criminal offense. Confessions must be made within procedural safeguards outline by the Constitution and the Miranda warnings. Confessions are direct evidence. Confessions obtained illegally are not admitted. Brown v. Mississippi found convictions based solely on confessions obtained through physical violence, such evidence is inadmissible. Blackburn v. Alabama the Court ruled that a defendant deprived of due process is at any stage of the trial the involuntariness of a confession is conclusively demonstrated. Rogers v. Richmond found that it is the trial courts responsibility to screen for the voluntariness of a confession. Culombe v. Connecticutthe Court held that the evaluation of the voluntariness of a confession should involve a three-phased process. Arizona v. Fulminate added the harmless error concept of a coerced confession. Wrongful conviction cases will vary, but should convey how the wrongfully obtained confession was obtained and how it impacted the outcome.
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Prisoners rights, because they are constrained by the legitimate needs of imprisonment, can be ________
a. thought of as conditional b. thought of as absolute c. protected by federal but not state courts d. revoked by the courts without consideration of constitutionality
Whether the accused ________ should NOT be considered when jurors evaluate prior calculation and design in a first-degree murder.
A. had any history of mental illness B. knew the victim before the killing C. and the victim were on bad terms with each other or had a strained relationship D. gave careful thought and preparation to the weapon used and to the place where the killing occurred
On a summons and/or complaint form, the front portion of the form typically includes which of the following? Select all that apply
a. The probable cause affidavit b. The suspect's personal information c. A chronological summary of the officer's activities during the incident d. The charge that the suspect was arrested for
The United States' murder rate is _____ times higher than Japan's
a. 5 b. 11 c. 16 d. 21