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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]
What happened to Perez is an extreme example of how a police interrogation method in common use in the U.S. can lead suspects to make false statements — and even falsely confess to crimes they ...
The Court noted in a supplemental opinion that the case law it had relied on was all focused on Miranda warnings, not confessions, and there was other case law that said involuntary confessions could never be harmless. [1] The Court therefore ordered a new trial. The state of Arizona appealed to the U.S. Supreme Court.
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 has become the first state to restrict the use of creative expression in a criminal proceeding, and artists and free speech advocates are hoping that more states and the federal ...