inculpatory statement

See: confession
References in periodicals archive ?
147) Furthermore, courts have applied the Brown factors to cases in which the unlawful police conduct results in the defendant giving consent to search, as opposed to or in addition to an inculpatory statement.
2008) (finding that it is the government's burden to establish by a preponderance of the evidence that "the police did hot deliberately withhold the warnings until after they had an initial inculpatory statement in hand"); United States v.
the accused, who this time made an inculpatory statement during a
These inculpatory statement cases show how the problem of
provided an inculpatory statement that subsequently formed the basis of the charge of dangerous driving causing bodily harm, contrary to section 249(3) of the Criminal Code.
Defense counsel waived opening statement, did not cross-examine the state's first witness, and conducted only minimal cross-examination of the remaining state witnesses, one of whom testified concerning the defendant's seven-page handwritten inculpatory statement.
44) He then moved to suppress his inculpatory statement on the ground that its admission into evidence violated his right to counsel.
90) Regarding the fruits, the Court added, "there is no warrant for presuming coercive effect where the suspect's initial inculpatory statement, though technically in violation of Miranda, was voluntary," but rather in these cases, "[t]he relevant inquiry is whether, in fact, the second statement was also voluntarily made.
If Government coercion does not play a significant role in inducing the defendant's inculpatory statement, most courts will deem the confession voluntary under the totality of the circumstances.
130) He signed a written inculpatory statement at the police station after he was again given his Miranda rights.
45) This test sets forth the most specific standards any lower federal court has used for the admission of an inculpatory statement against penal interest.