Examples Of Confession In Court Cases
1. According to Gardiner &Anderson 2007, A confession is generally viewed as the same as a guilty plea in open court. There are several ways a confession can be deemed unconstitutional. For example, from the previous sections we learned about the exclusionary rule. Which states that any evidence obtained in violation of the fourth amendment is inadmissible in court. In addition to that comes forth the “Fruit of the poisonous tree doctrine” which states not only is illegally obtained evidence excluded from court, this is to include evidence that is derived from an illegal search. In other words, say the accused is charged with murder and the judge declares that the arrest was unconstitutional, and then whatever confession the defendant made
…show more content…
Typically, when a witness gets impeached, it’s generally done during the cross examination process. What this means is that the judge will not dismiss the witness if he finds the witness to be incredible. Therefore, the witness testimony will not be credible as well. Furthermore, if a witness is impeached, this does not mean that the witness will automatically be dismissed nor be able to testify. When you want to impeach a witness, you basically have to compare what the witness announces on the stand to what is said on their affidavit. In other words, you’re looking for the inconsistencies between their statements and their actual testimony. This could possibly result in the witness being biased. A great example of a witness being impeached is Detective Mark Furhmans testimony on the OJ trial. In this case in his earlier testimony he stated he did not use racial slurs in the past ten years. However, revealing tapes said otherwise which forced him to be impeached.
4. Hearsay is defined as someone who obtains information through overhearing someone else rather than of their personal knowledge. For example, sometimes a statement can have a hearsay use and a non hearsay use. If I told you “I am going to kill you,” typically you would want to prove to the judge that I had the intent on killing you. That would be hearsay because it goes along with the truth of the statement. However, if all you wanted to do is to prove that I said those words then that would not apply to the hearsay
Typically, when a witness gets impeached, it’s generally done during the cross examination process. What this means is that the judge will not dismiss the witness if he finds the witness to be incredible. Therefore, the witness testimony will not be credible as well. Furthermore, if a witness is impeached, this does not mean that the witness will automatically be dismissed nor be able to testify. When you want to impeach a witness, you basically have to compare what the witness announces on the stand to what is said on their affidavit. In other words, you’re looking for the inconsistencies between their statements and their actual testimony. This could possibly result in the witness being biased. A great example of a witness being impeached is Detective Mark Furhmans testimony on the OJ trial. In this case in his earlier testimony he stated he did not use racial slurs in the past ten years. However, revealing tapes said otherwise which forced him to be impeached.
4. Hearsay is defined as someone who obtains information through overhearing someone else rather than of their personal knowledge. For example, sometimes a statement can have a hearsay use and a non hearsay use. If I told you “I am going to kill you,” typically you would want to prove to the judge that I had the intent on killing you. That would be hearsay because it goes along with the truth of the statement. However, if all you wanted to do is to prove that I said those words then that would not apply to the hearsay