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Why do you think there is a rule that confessions made during police custody cannot be used as evidence against the accused?
Confession is an unequivocal peal of guilt by the accused person as pre his trial it must be done free and voluntary , by sober habit and without undue influence it can include the preparatory examination , preparatory examination is an inquiry which done to the accused person in case of serious crime like murder , rape etc . Its not always that the confession during in police custody should be inadmissible in court of law , but only those which were obtained without the guideline as require by it for example if a confession obtained by the unauthorized officer it might not be accepted in court . Confession can be made orally or in writing the orally one should be reduce into writing before any person make an confession he should be formally warn (judge's rules ) that before he say anything he must be careful of what he is going to say ... . Court may not accept anything which was obtained unjust , police mostly brutalize the suspects or make a use of legal fiction to get behind the truth .
What else can I help you with?
Difference between judicial custody and police custody?
When a person is given in police custody, he remains in custody of police, i.e. in police lock-up. Police custody can not be given beyond 15 days except where there is special provision to grant PC for more than 15 days. Police has unfettered powers to interrogate the accused in police custody in a lawful manner. Whereas in judicial custody, the accused technically remains in the custody of the magistrate. He can be kept in jail or other place of safety. Police can not interrogate the accused without permission of the magistrate if the accused is in judicial custody.
What is the difference between arrested and accused?
To be arrested is to be taken into custody by the police. To be the accused is to stand trial before a judge.
What is continuity of evidence?
unbroken chain of custody/control of evidence
Will being accused of a sex crime stop you from getting custody?
yes
What information should one have available before contacting a child custody attorney?
Before contacting a child cutody attorney you want to make sure you have all sufficient evidence collected. If you are petitioning for custody against your spouse or partner you will need to be able to prove why they should not have custody.
If you are out of jail on bond can you go to jail at the preliminary hearing?
ANYTHING is possible. In actuality a judge can revoke your bond at ANY time - but unless new evidence has suddenly been developed against you that makes you a bigger flight risk - it is likely you will remain free until your trial.
How do you get custody back from the father after he got temperary custody?
You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.
How can I win a custody case South Carolina being gay?
Though this may run against you, it still depends on the overall evidence in the case. see links
What is the primary importance of a chain-of-custody document?
The important chain of custody for the evidence at a crime scene usually starts with the collection done by the investigator-technician. The marking and labeling begins our control and custody of the items of evidence.
Is a police officer obligated to honor a citizens arrest?
No. If the officer doesn't believe a crime has been committed and there is some evidence the accused is responsible, taking the accused into custody would only aggravate an unlawful situation. An alternative to taking a person into custody on a citizen's arrest is to issue a citation or summons to appear in court, with the citizen making the arrest signing the citation as the complainant. Whether this option is available depends on the local laws and legal customs.
Can a man get custody of his children if he battered his wife but was never charged?
Under the VAWA, if accused of abuse, or physically defends himself, or the children, from abuse by the mother, he cannot get custody.
Can a mother obtain sole custody when joint custody is already in place and the father is ill?
Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision.Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision.Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision.Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision.
