NCJ Number
15050
Journal
Judicature Volume: 59 Issue: 2 Dated: (AUGUST-SEPTEMBER 1974) Pages: 68-73
Date Published
1974
Length
6 pages
Annotation
A REVIEW OF SEVERAL SIGNIFICANT SUPREME COURT DECISIONS AND AN ANALYSIS OF THE TREND OF DEPARTURE FROM THE EVIDENTIARY AND PROCEDURAL EXCLUSIONARY RULE SAFEGUARDS.
Abstract
THE AUTHOR SEES THE PHILOSOPHY OF THE COURT RETURNING TO RELY ON THE TEST OF RELIABILITY, THE OLDEST COMMON LAW TEST OF CONFESSION ADMISSIBILITY. THIS RULE HOLDS THAT EVEN THOSE CONFESSIONS ACQUIRED UNDER CIRCUMSTANCES NORMALLY JEOPARDIZING RELIABILITY ARE ADMISSABLE IF THE FACTS CONFIRM THE TRUTH OF THE CONFESSION. THE RESULTS THAT THE AUTHOR EXPECTS ARE THAT THERE PROBABLY WILL BE A LESSENING OF REQUIREMENTS RELATING TO PROBABLE CAUSE FOR ARREST AND SEARCH, GROWTH OF THE DOCTRINE OF HARMLESS ERROR, GREATER EMPHASIS ON RELIABILITY, AND CURTAILMENT OF FIRST AMENDMENT COLLATERAL ATTACK. (AUTHOR ABSTRACT MODIFIED)