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In the 1966 case of Jacob Rubenstein v.State of Texas, [10] the Texas Court of Criminal Appeals ruled that Jack Ruby (real name Jacob Rubenstein; "Jack Ruby" was his nickname), the killer of Lee Harvey Oswald, had been denied a fair trial, holding in part that Ruby's jailhouse confession was improperly admitted into evidence at trial.
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, e.g. as "a statement admitting or acknowledging all facts necessary for conviction of a crime", which would be distinct from a mere admission of certain facts that, if true ...
The appeals court denied his defense arguing that the evidence was admissible, despite the egregious behavior of the officers, as it was "competent evidence," and the courts are not allowed to question the means in which it was obtained. As the court wrote, "illegally obtained evidence is admissible on a criminal charge in this state." [4]
Although a confession obtained in violation of Miranda is inadmissible, evidence obtained based on information in the confession is admissible. [28] For example, if police learn the identity of a witness through a confession that violates Miranda, the government may still use the witness's testimony at trial. [29]
Giles v. California, 554 U.S. 353 (2008), was a case decided by the Supreme Court of the United States that held that for testimonial statements to be admissible under the forfeiture exception to hearsay, the defendant must have intended to make the witness unavailable for trial.
The cause of his false confession, Perez claimed in a lawsuit that he recently settled with the city for $900,000, was a coercive interrogation by detectives that lasted more than 17 hours.
For evidence to be admissible enough to be admitted, the party proffering the evidence must be able to show that the source of the evidence makes it so. If evidence is in the form of witness testimony, the party that introduces the evidence must lay the groundwork for the witness's credibility and knowledge.
California law enforcement is in the midst of a culture war, as experts inside and outside the system question a commonly used police interrogation method that they say can lead to false ...