Acquiring Admissible Statements Worksheet
CJA/304 Version 4
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to be admissible in court, a written or oral statement must be made from the defendant stating what his or her involvement or lack of involvement is regarding the case. Unless the statement was voluntarily made, the evidence cannot be used in court. The defendant should not be threatened under any circumstances for his or her confession or the evidence cannot be used in court. Court of Appeals, New York
In this case, police officers had probable cause to believe that Harris had committed murder. Police entered his home without obtaining a warrant first and read him his Miranda rights. The officers reported that Harris confessed to committing murder. Harris was arrested and taken to jail. He was read his Miranda rights again. After that he signed a written inculpatory statement (written statement of putting blame on oneself). The Fourth Amendment states that a warrant must be obtained to enter a
home. Because of that the New York suppressed the first statement Harris
made. However, Harris’s second statement
was admissible as evidence in court, and Harris was convicted to second degree murder. After Harris was convicted, the State of Appeals reversed the conviction because it was decided that the evidence was inadmissible in court because of the illegal search. According to the Supreme Court there are advantages to the general acceptance standard. It allows those who are most qualified to use the validity of a method to determine that uniform decisions and protection of those involved were established. California For statements and confessions to be admissible in court, the method being used to obtain the statement must be established by an expert testimony and that the proper procedures were used to obtain evidence. According to the Supreme Court there are advantages to the general acceptance standard. It allows those who are most qualified to use the validity of a method to determine that uniform decisions and protection of those involved were established. Hagan, P.J. (2000). Retrievhttp://www.findarticles.www.casela In one to three paragraphs, answer the following questions regarding the regulatory information you found while conducting your research. 1. When reviewing the legal requirements to acquire an admissible statement, what similarities did you find among the four states?