Week 8 Slides (Chapter 12).pptx - Chapter 12 Confessions David Simpson Faculty Associate Arizona State University School of Criminology and Criminal

Week 8 Slides (Chapter 12).pptx - Chapter 12 Confessions...

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Chapter 12: Confessions David Simpson, Faculty Associate Arizona State University School of Criminology and Criminal Justice Tel: (602) 542-8572 Email: [email protected]
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Outline Corpus delicti Voluntariness Miranda The Sixth Amendment Right to Counsel Impeachment
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Outline Corpus delicti Voluntariness Miranda The Sixth Amendment Right to Counsel Impeachment
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Confessions: Introduction Confessions are extraordinarily powerful evidence. That means it’s very important to make sure a confession is properly admitted . If a confession is admitted improperly, it’s very hard to correct.
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Corpus Delicti Rule: Perry’s Case On August 16, 1660, a man named William Harrison left his home to walk to a village 2 miles away. When he didn’t come home, his wife sent their servant, John Perry, to look for him. Perry didn’t come back at the expected time. Later, a hat was found with slashes in it, as well as a shirt and neckband covered in blood. No body was found. Under questioning, John Perry claimed his mother Joan and brother Richard had killed Harrison. John also admitted to stealing from Harrison and claimed he had come up with the idea for the murder.
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Corpus Delicti Rule: Perry’s Case After hearing John’s confession, all three pleaded guilty to plotting to steal money from Harrison. Later the three were also charged with murder. This time, they pleaded not guilty and claimed that John only confessed because he was insane. All three were found guilty and executed by hanging. A year later, Harrison showed up alive and well.
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Corpus Delicti Rule Corpus delicti literally = the body of the crime. RULE: A confession alone is not enough to sustain a conviction. There must be at least some corroborating evidence .
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Corpus Delicti Rule Most states still have the corpus delicti rule. Other states require additional evidence that the confession itself is trustworthy. Other states have gotten rid of it altogether. Sexual assault cases?
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Outline Corpus delicti Voluntariness Miranda The Sixth Amendment Right to Counsel Impeachment
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Fifth Amendment “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
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Fifth Amendment: Voluntariness “No person . . . shall be compelled in any criminal case to be a witness against himself. . . ”
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