While on routine patrol in a city park, police officers observed an older man involved with a little girl in what appeared to be a case of child molesting. The officers ran to the location and gained custody of the man and handcuffed him

Question

The suspect submitted meekly. Subsequently, in a display of anger, one of the officers hit the suspect in the head with a flashlight several times. When the other officer grabbed the suspect's handcuffed hands and roughly pulled the suspect to his feet in a very painful maneuver, the suspect began confessing to his sexual crimes. He confessed to molesting the little girl and continued to yell at the officers to quit hurting him. The first officer began to read the Miranda warnings to the suspect. Prior to trial, a judge ruled that the suspect's confession, after being beaten with a flashlight, was an involuntary confession and could not be used to help prove the prosecution's case. The defendant took the witness stand and told a different story of why he was involved with the little girl. The prosecutor
A) cannot introduce the confession since the defendant was not under oath when he uttered the statement in the park.
B) is stuck with the judge's ruling and will have to appeal the ruling if a conviction is not obtained.
C) will be permitted to introduce the defendant's park confession as a method of impeaching the defendant's trial testimony because, otherwise, the defendant could commit perjury and get away with a new crime while in court.
D) will not be permitted to introduce the defendant's park confession as a method of impeaching the defendant's trial testimony since no one knows whether that confession was a truthful statement.
E) can introduce the defendant's confession since it is in direct conflict with what he said to officers in the park.

Answer 1

D