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NCJRS Abstract

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NCJ Number: 122699 Find in a Library
Title: Legal Commentary: Court Use of Illegally-Obtained Statement of Defendant, Double Jeopardy, Unreasonable Searches (Early Law) (From Crime to Court: Police Officer's Handbook, P 9-10, 1990 Joseph C Coleman -- See NCJ-122697)
Author(s): J C Coleman
Corporate Author: South Carolina Criminal Justice Acad
Division of the Dept of Public Safety
United States of America
Date Published: 1990
Page Count: 2
Sponsoring Agency: South Carolina Criminal Justice Acad
Columbia, SC 29210
South Carolina Educational Television Network
Columbia, SC 29205
Type: Legislation/Policy Analysis
Format: Document
Language: English
Country: United States of America
Annotation: Several recent Supreme Court decisions relating to illegally-obtained statements of defendants, double jeopardy, and unreasonable searches are discussed in detail.
Abstract: The U.S. Supreme Court has recently ruled that illegally obtained statements made by a defendant may be used by the prosecution to impeach the defendant, but not to impeach other witnesses. A defendant is subjected to double jeopardy if, after being acquitted of robbing one of several individuals gathered together for a poker game, he is tried again for the robbery of still another of the poker players. On the other hand, a witness who identified in court a defendant accused and acquitted of a crime may legally offer the identification testimony at another trial of the defendant for another crime. Defendants acquitted of criminal charges may be brought to court in a civil action dealing with the same matter and not be subject to double jeopardy. The law of unreasonable searches is discussed, with emphasis on pretext searches.
Main Term(s): Coercive persuasion of offenders; Right against double jeopardy
Index Term(s): Confessions; Search and seizure; US Supreme Court decisions
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