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On the Admissibility of Confessions and Challenge of Jurors in Criminal Cases in England and Ireland

On the Admissibility of Confessions and Challenge of Jurors in Criminal Cases in England and Ireland


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About the Book

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1842. Not illustrated. Excerpt: ... Mr. Carrington, in his supplement to the treatises on criminal law. In Jenkins' case (a), the prisoner was induced, by a promise from the prosecutor, to confess his guilt, and after that confession, he carried the officers to a particular house, as the house where he had disposed of the property, and pointed out the person to whom he had delivered it; that person denied knowing anything about it, and the property was never found. The evidence of the confession was not received; the evidence of his carrying the officer to the house, was. Bayley, J., stated the case for the consideration of the judges; they held the evidence inadmissible, and the conviction wrong. The confession was excluded, because, being made under the influence of a promise, it could not be relied upon, and the acts of the prisoner, under the same influence, not being confirmed by the finding of the property, were open to the same objection. The influence, which might produce a groundless confession, might also produce groundless conduct. In this case, there appears to have been nothing to confirm either the prisoner's statement or his conduct. In Harvey's case (J), Lord Eldon said, that where the knowledge of any fact was obtained from a prisoner, under such a promise as excluded the confession, he should direct an acquittal, unless the fact itself proved, would have been sufficient to warrant a conviction without any confession leading to it: and the learned judge so directed the jury in that case. {a) Russ. & Ry., 492, the case was tried and the prisoner convicted, before Bayley, J. and Parke, J. at the Old Bailey Sessions Michaelmas 1822. (6) 2 East., P. C, 658, Bodmin Summer Assizes, 1800. SECTION XII.--Parol evidence, precise and distinct, of a statement made by a prisoner before a magis...


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Product Details
  • ISBN-13: 9781150853425
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 46
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1150853425
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 100 gr


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