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Published by twon29
Complete the Acquiring Admissible Statements Worksheet located on the student website.

Submit the completed worksheet to your instructor for review.
Complete the Acquiring Admissible Statements Worksheet located on the student website.

Submit the completed worksheet to your instructor for review.

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Published by: twon29 on Nov 25, 2013
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 Acquiring Admissible Statements Worksheet
CJA/304 Version 4
1
Copyright © 2013 by University of Phoenix. All rights reserved.
 
University of Phoenix Material
Acquiring Admissible Statements Worksheet
Conduct an Internet search by visiting the state websites for Arizona, Illinois, New York, and California. Locate the legal requirements to obtain admissible statements in these states. Include your research findings in the following table.
State Legal requirements Precedent Other
 Arizona  A. In any criminal prosecution brought by the state, a confession shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial  judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the  jury to give such weight to the confession Miranda v. Arizona - 384 U.S. 436 (1966)  Arizona Revised Statutes - Title 13 Code - Section 13-3988 Admissibilitconfessions. (n.d.). Retrievedhttp://law.onecle.com/arizona/crimincode/13- 3988.html
 
 Acquiring Admissible Statements Worksheet
CJA/304 Version 4
2
Copyright © 2013 by University of Phoenix. All rights reserved.
 
as the jury feels it deserves under all the circumstances. B. The trial  judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession, including but not limited to the following:
Illinois During a custodial interrogation, officers are not allowed to intimidate or coerce you into answering questions. While some verbal pressure is allowed, if you are bullied into giving making self-incriminating statements, the information will be inadmissible at trial. Escobedo v. Illinois, 378 U.S. 478, 485, 491 (1964) http://law.onecle.com/illinois/725ilcs5/103-2.1.html Illinois Compiled Statutes 725 ILCS of Criminal Procedure of 1963. Secti2.1 Retrieved from http://law.onecle.com/illinois/725il2.1.html
New York For statements or confessions New York v. Harris
 –
 www.findlaw.com
 
 Acquiring Admissible Statements Worksheet
CJA/304 Version 4
3
Copyright © 2013 by University of Phoenix. All rights reserved.
 
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
suspect’s
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?

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