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Acquiring Admissible Statements Worksheet

Conduct an Internet search by visiting the state websites for Arizona, Illinois, New York, and California. Locate the legal requirements to obtain admissible statements in these states. Include your research findings in the following table.

|State |Legal requirements |Precedent |Other |
|Arizona |The legal requirements for |Brown v. Illinois takes |The Private Safety Exception |
| |obtaining admissible statements |precedent over the admissibility|states that when a suspect is in|
| |under the Arizona law, according|of a statement, if the Fourth |need of medical help statements |
| |to (Arizona Revised Statues, |Amendment is violated, then any |may be admitted even if the |
| |Rules of Criminal Procedure, |material or evidence, which was |Miranda law was violated in |
| |Rules of Evidence & More, n.d.),|gained from the violation of the|order to save that person’s |
| |“admissibility statements under |Fourth Amendment, is also |life. |
| |oath by a party or witness |inadmissible. | |
| |during a previous judicial | | |
| |proceeding or a deposition under| | |
| |Rule 15.3 shall be admissible in| | |
| |evidence if:” party against whom| | |
| |the former testimony is offered | | |
| |was a party to the action. The | | |
| |declarant is unavailable as a | | |
| |witness. The admissibility of | | |
| |former testimony under this | | |
| |section is subject to the same | | |
| |limitations and objections as | | |
| |though the declarant were | | |
| |testifying at the hearing. | | |
|Illinois |The legal requirements for |Even if statements in a case |The person’s name, address, age,|
| |obtaining admissible statements |were found to be voluntary under|and reason for acquiring |
| |under the Illinois law is that |the Fifth Amendment, which |statements. |
| |if an individual is read their |protects individuals from | |
| |Miranda rights, before they make|self-incrimination and double | |
| |a statement, even if they are |jeopardy, the Fourth Amendment | |
| |not under arrest the statement |overrides, which prohibits | |
| |which they have given is legal, |unreasonable search and seizures| |
| |which can be used at their trial|without a judicial warrant. | |
| |if they choose to have one. | | |
|New York |The legal requirements for |The statue which takes precedent|Under New York Discovery Law the|
| |obtaining admissible statements |over the admissible statements |most common way to obtain |
| |under the New York law, is that |of New York law is based on the |admissible statements is by |
| |if a statement must be given |case New York v. Harris, which a|formal disposition. |
| |voluntary, after a defendant is |defendant was convicted of | |
| |given their Miranda Rights, and |murder. Law enforcement read him| |
| |they confirm, that they |his rights under Miranda v. | |
| |understand the right, which have|Arizona, but not before law | |
| |been read to them. An |enforcement entered his home | |
| |involuntary statement, which, is|without first obtaining a search| |
| |given could be through cohersion|warrant, which violated his | |
| |or police brutality to name a |Fourth Amendment right, because | |
| |few, the statement is not |they performed an unreasonable | |
| |admissible, and any evidence |search and seizure without a | |
| |obtained from the statement is |warrant. Harris was convicted | |
| |also inadmissible. |but the ruling was overturned by| |
| | |the State Court of Appeals. | |
| | |Stating that the evidence | |
| | |obtained from an illegal search | |
| | |is inadmissible because it was | |
| | |gained through violating the | |
| | |Fourth Amendment. | |
|California |The legal requirements for |The code which takes precedent |Constitutional Limits in |
| |obtaining admissible statements |over obtaining admissible |California make it extremely |
| |under the California law, |statements under the California |hard to obtain admissible |
| |according to (GILES v. |law is when information is told |statements. |
| |CALIFORNIA: Certiorari to the |to someone of the “cloth” in | |
| |Supreme Court of California No. |confidentiality. These include | |
| |07-6053., n.d.) states that a |but are not limited to priest, | |
| |common-law court is allowed the |rabbis, or Imams, which are the | |
| |introduction of statements by an|teachers of the Quran in Islam. | |
| |absent witness who was |If someone is speaking to their | |
| |“detained” or “kept away” by |priest, the priest do not have | |
| |“means or procurement” of the |to reveal the information told | |
| |defendant. Even though the |to them in confidence, and | |
| |accused, could not confront his |cannot be subjected to testify | |
| |witness who is accusing him of a|in open court about the | |
| |crime, it is because of the |information, which was shared | |
| |accused person’s actions, that |with them, even if the accused | |
| |he could not confront his |committed the crime. | |
| |accuser. This is the Sixth | | |
| |Amendment of all citizens, which| | |
| |states, that the Bill of Rights | | |
| |will guarantee a citizen to a | | |
| |speedy trial, a fair jury, and | | |
| |also an attorney depending on if| | |
| |the accused person wants one. | | |
| |The chance is given to confront | | |
| |the witness who is accusing the | | |
| |defendant of a crime. | | |

In one to three paragraphs, answer the following questions regarding the regulatory information you found while conducting your research.

1. When reviewing the legal requirements to acquire an admissible statement, what similarities did you find among the four states?

` All states require that the Miranda Warning be read in order to receive an admissible statement. It even goes to mention how if the defendant is not under arrest yet and the Miranda Warning is read, any statements retrieved can still be used in court. In order for the statements to be admissible even with the Miranda Warning, the statements have to be given voluntarily. A statement cannot be coerced or forced from a person and the means of retrieving the statement must be done within the scope of the law. Obtaining evidence and statements through brutality or force can result in the evidence being inadmissible in court and investigations into the interrogators actions. A defendants rights must be regarded at all times regardless of the offense committed.

2. What differences did you find among the four states?

All of these states are very similar in law with having to execute the Miranda Warning. The only exception between the four states it seems is the state of California. California examines all aspects of how evidence was attained in regards to whether or not it can be admissible in court but the ultimate decision it seems is left up to the Judge. The hearsay rule finds many exceptions in the state of California. The California evidence code lists 17 articles that serve as exceptions to the hearsay law including one that was important to the Giles v. California case where a murder victims hearsay statement was admissible in court as states by Justice Scalia in the matter that “a defendant forfeits his Sixth Amendment right to confront a witness against him when a judge determines that a wrongful act by the defendant made the witness unavailable to testify at trial (Certiorari to the Supreme Court of California, 2008).” In the other three states of New York, Arizona, and Illinois a ruling as to whether or not evidence is admissible in court comes from the matter of circumstance in which the evidence was obtained. Also, while all three of the other states put great emphasis on making sure that their officers use the Miranda Warning before obtaining statements, the state of New York places importance on making sure that the suspect knows and understands that they do not have to make a statement without their lawyer present. This leaves room for little error in legal admittance of the statements in court.

3. What is the most interesting concept regarding your comparison of admissible statements for these states? The most interesting concept I noticed regarding the admissible statements for all four states is that they each have some type of loop hole when it comes to getting information and evidence the legal way. All four states have a court case that was used to make into a law regarding how and when statements and evidence are retrieved to support a case. When reading over the different laws of each state for obtaining an admissible statement it made me wonder if a person’s constitutional rights are actually being protected or misused to cater to the courts needs. I understand that each state is after the same goal but it seems to me that one state such as California Laws go a little more beyond the other states as far as allowing hearsay statements in the courtroom when dealing with murder cases. All four of the states have many similarities but it can be the smaller differences that make each state stand a world apart.

References:

Arizona Revised Statues, Rules of Criminal Procedure, Rules of Evidence & More. (n.d.). Retrieved 2014, from http://www.arizonacrimelaws.com/19_3.htm

GILES v. CALIFORNIA: Certiorari to the Supreme Court of California No. 07-6053. (n.d.). Retrieved 09 11, 2014, from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=07-6053

U.S. Supreme Court: NEW YORK v. HARRIS, 495 U.S. 14 (1990) CERTIORARI TO THE COURT OF APPEALS OF NEW YORK, No. 88-1000. . (1990). Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=495&invol=14

Certiorari to the Supreme Court of California, (2008). GILES v. CALIFORNIA (No. 07-6053) 40 Cal. 4th 833, 152 P. 3d 433, vacated and remanded. Retrieved from http://www.law.cornell.edu/supct/html/07-6053.ZO.html

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