legal requirement for acquiring admissible statements because all the states require that evidence provided by the defendant be voluntary obtained from such a defendant without violation of any rights of a defendant. The only difference which has been observed in all the states is that in California, admissibility of statement depends on the decision of the judges unlike in other states where admissibility of statements is based on the circumstances under which the statement was obtained and application of the law concerning obtaining of evidence from a defendant or a witness. From a personal perspective, the most interesting concept regarding admissibility of statements in these states is that the rights of the defendant are highly observed while obtaining any form of information from the defendant. His shows that, despite the defendant being the one who is usually accused for committing a certain offence, he or she does not cease to be a human being and should therefore be accorded all the rights that a human being is entitled to.
If somebody is not read her Miranda rights, she might incriminate herself during questioning. Anything she says will not be admissible as evidence in court. This precedent was set by the supreme court in 1966.
binding(mandatory) precedent persuasive precedent
Ratio decidendi refers to the legal reasoning behind a court's decision that forms the binding precedent in future cases. Obiter dicta are statements or opinions made by the court that are not essential to the decision and do not create binding precedent, but may provide guidance or insight on the case.
an appeal to precedent is a type of an appeal to precedent is a type of
The Crown v. Peter Zenger, New York, November 2, 1734
it depends on how old the precedent is, how closely related is it to the case you are looking at and the difference between your precedent and crown/defense lawyer's precedent
precedent
Precedent
precedent
That is a Landmark Case.
Abermarle Paper V Moody established the precedent that items used to validate job requirements must themselves be job related.
This to a large extent sets a precedent for the rest of the exhibition