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The Involuntary Confession And The Right To Due Process: Is A Criminal Defendant Better Protected In The Federal Courts Than In Ohio?, Barbara Child
The Involuntary Confession And The Right To Due Process: Is A Criminal Defendant Better Protected In The Federal Courts Than In Ohio?, Barbara Child
Akron Law Review
OHIO CIVIL LIBERTARIANS have long claimed that a criminal defendant is likely to have his due process rights better protected in the federal courts than in Ohio courts. One measure of that protection is how the courts respond when a defendant alleges that his confession was involuntary and thus not properly admissible as evidence at his trial. The central issue then is whether the Ohio courts have kept as much in step with the United States Supreme Court as have the federal courts in their revisions of what is the proper test of voluntariness of a confession.
The Involuntary Confession And The Right To Due Process: Is A Criminal Defendant Better Protected In The Federal Courts Than In Ohio?, Barbara Child
The Involuntary Confession And The Right To Due Process: Is A Criminal Defendant Better Protected In The Federal Courts Than In Ohio?, Barbara Child
Akron Law Review
OHIO CIVIL LIBERTARIANS have long claimed that a criminal defendant is likely to have his due process rights better protected in the federal courts than in Ohio courts. One measure of that protection is how the courts respond when a defendant alleges that his confession was involuntary and thus not properly admissible as evidence at his trial. The central issue then is whether the Ohio courts have kept as much in step with the United States Supreme Court as have the federal courts in their revisions of what is the proper test of voluntariness of a confession.
Mental Sanity And Confessions: The Supreme Court's New Version Of The Old "Voluntariness" Standard, Alfredo Garcia
Mental Sanity And Confessions: The Supreme Court's New Version Of The Old "Voluntariness" Standard, Alfredo Garcia
Akron Law Review
Although the voluntariness standard has not been entirely superseded by Miranda v. Arizona because it is applicable to confessions obtained through police coercion, in spite of compliance with Miranda's technical requirements, it has receded into relative obscurity in the wake of Miranda. In Colorado v. Connelly, however, the United States Supreme Court confronted a novel case which neatly juxtaposed questions relevant to the voluntariness test with issues arising from Miranda's dictates. This article will examine the issues raised in Connelly, critique the Court's application of both the voluntariness standard and Miranda to the facts of Connelly, …