Evidence Law and Admissible Statements free essay sample

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 |Confessions are admissible in evidence in any |Arizona v Londo |Title 13. Admissibility of minors | | |criminal prosecution if given voluntarily. Miranda v Arizona |statement | | |Prior to the confession being admissible, the | | | | |judge will look closer at the confession to | |Except as otherwise provided in title | | |determine whether or not the confession was | |8, a statement made by a minor who is | | |voluntarily, and inform the jury of the | |under the age of ten years describing | | |confession. If it is proven to be voluntary | |any sexual offense or physical abuse | | |the judge will permit as evidence and all the | |performed with, on or witnessed by the| | |jury to hear rules and evidence regarding | |minor, which is not otherwise | | |confessions as evidence and admissible | |admissible by statute or court rule, | | |statements. We will write a custom essay sample on Evidence Law and Admissible Statements or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page | |is admissible in evidence in any | | | | |criminal or civil proceeding if both | | | | |of the following are true: The | | | | |court finds, in an in camera hearing, | | | | |that the time, content and | | | | |circumstances of the statement provide| | | | |sufficient indicia of reliability. 2. | | | | |Either of the following is true: (a) | | | | |The minor testifies at the | | | | |proceedings. b) The minor is | | | | |unavailable as a witness, provided | | | | |that if the minor is unavailable as a | | | | |witness, the statement may be admitted| | | | |only if there is corroborative | | | | |evidence of the statement. If the original is | | | | |unavailable, exceptions might be made | | | | |(2011). | | |New York |60. 45 Rules of evidence; admissibility of |New York Police arrested an individual|In New York the high courts restricted| | |statements of defendants. Evidence of a |in his home without a warrant. |admissible statements of any one | | |written or oral confession, admission, or |Citation- 495 U. S. 14 1990 New |accusing an individual of a crime. In | | |other statement made by a defendant with | |this case, a man was accused for | | |respect to his participation or lack of |Facts- New York Police officers |abusing his 4-year-old daughter, | | |participation in the offense charged, may not |responded to call of a possible victim|according to six witnesses who | | |be received in evidence against him in a |being murdered. Upon arrival officers |testified against the father based on | | |criminal proceeding if such statement was |discovered a dead body in an |the conservations the witnesses had | | |involuntarily made. |apartment. Police officers assume |with the little girl.