[Download] "State of Louisiana v. Steven Dewey" by Supreme Court Of Louisiana # eBook PDF Kindle ePub Free
eBook details
- Title: State of Louisiana v. Steven Dewey
- Author : Supreme Court Of Louisiana
- Release Date : January 25, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Before a confession can be introduced in evidence, the state has the burden of affirmatively proving that it was free and voluntary and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises. La.R.S. 15:451. It must also be established that an accused who makes a confession during custodial interrogation was first advised of his Miranda rights. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). A confession need not be the spontaneous act of the accused but may be obtained by means of questions and answers. La.R.S. 15:453. The admissibility of a confession is in the first instance a question for the trial judge. His conclusions on the credibility and weight of testimony relating to the voluntariness of a confession will not be overturned on appeal unless they are not supported by the evidence. State v. Castillo, 389 So.2d 1307 (La.1980) cert. denied -- - U.S. -- , 101 S.Ct. 3159, 70 L.Ed.2d -- - (1981); State v. Williams, 386 So.2d 1342 (La.1980). SUPREME COURT OF LOUISIANA 1982.LA.54
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