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5 answers

Some or all could be incriminating so you need to have a lawyer present.

2007-10-06 10:07:00 · answer #1 · answered by Shortstuff13 7 · 1 0

This depends on the purpose for which the evidence is offered. If it is offered to prove the truth of the statement (e.g., defendant said he slaughtered everyone in the house and the statement is offered to show that he killed people) then it is hearsay. So the statement is offered, defense objects, hearsay, and the prosecutor will invoke a hearsay exception (statement against interest). It's hearsay but it comes in under an excepton.

Sometimes, statements are offered for other purposes than to show that the statement was true. Statements can be offered to show the speaker's state of mind, or because the issue is not whether the speaker spoke the truth but whether he made the statement at all (statement in issue). These technically are not hearsay exceptions because they take the statement out of the hearsay rule altogether: the statement is not being offered to prove its truth.

2007-10-06 10:35:35 · answer #2 · answered by Anonymous · 1 0

Evidence properly obtained during custodial interrogation can be used against you in a court of law. Identify yourself, demand the right to consult with council and close thy mouth. One must remember that, in most jursidictions, police are legally allowed to use many types of physcological intimidation and even deception in order to get someone to talk.

I recall, many years ago, listening to a law professor lecture in a class in Minnesota. He stated very bluntly that half of the current state prison population would not even be in prison if, after having comitted their crime, they had kept their mouth shut.

2007-10-06 11:24:08 · answer #3 · answered by Don C 3 · 0 0

Extorted.

2007-10-08 03:41:26 · answer #4 · answered by Iggy 7 · 0 0

The evidence would be referred to as sworn testimony or sworn affidavit.

2007-10-06 10:48:23 · answer #5 · answered by Eisbär 7 · 0 0

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