Constitutional Law - Criminal Law - Confessions Need Not Be Proved Voluntary Beyond a Reasonable Doubt Prior to Being Admitted into Evidence
نویسنده
چکیده
منابع مشابه
Weak-Minded Responsibility in Iranian Criminal Law and Egyptian Law
In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of th...
متن کاملThe Psychology of Confessions: A Review of the Literature and Issues.
Recently, in a number of high-profile cases, defendants who were prosecuted, convicted, and sentenced on the basis of false confessions have been exonerated through DNA evidence. As a historical matter, confession has played a prominent role in religion, in psychotherapy, and in criminal law-where it is a prosecutor's most potent weapon. In recent years, psychologists from the clinical, persona...
متن کاملConfessions and expert testimony.
In this clinical paper, the author discusses criminal confessions from the point of view of the expert witness who may be asked to comment on the reliability of the statement and waiver of rights. From the time a suspect is in police custody, constitutional protections against self-incrimination and for due process are in place. The Supreme Court set the standard for these situations in the 196...
متن کاملMeasuring the Consequences of Criminal Jury Trial Protections
The Sixth and Fourteenth Amendments to the U.S. Constitution guarantee criminal defendants the right to a jury trial and require that the elements of crimes be proved beyond a reasonable doubt. Academics, judges, and practitioners generally assume that these constitutional guarantees protect defendants. Recently, however, scholars and even members of the Supreme Court have suggested that expand...
متن کاملJudicial Adjustment of Bipolar Patients' Crime with Social Justice Approach in Iranian Penal Law
Article 51 of the Islamic Penal Code of 2013 states that insanity while committing a crime at any stage shall be subject to criminal liability, but this substance has been implicated in insane people and its inclusion in bipolar patients has been controversial and the purpose of the study is to include it. The insanity must reach the trustees of the court. For bipolar patients, it is difficult ...
متن کامل