. . . a confession, in order to be admissible, must be free and voluntary: that is, must not be extracted by any sort of threats or violence, nor obtained by any direct or implied promises, however slight, nor by the exertion of any improper influence. The American and English Encyclopedia of Law - Page 455edited by - 1887Full view - About this book
| United States. Supreme Court - 1898 - 792 pages
...is expressed in the textbooks. In 3 Russell on Crimes, (6th ed.) 478, it is stated as follows: " But a confession, in order to be admissible, must be free...or violence, nor obtained by any direct or implied Opinion of the Court. promises, however slight, nor by the exertion of any improper influence. ...... | |
| Edmund Powell, John Cutler - 1898 - 728 pages
...provided the Court is satisfied (a), that the statement be free and voluntary, and that it has not been extracted by any sort of threats or violence, nor...slight, nor by the exertion of any improper influence (b). This rule has been established by a series of decisions. In R. v. Baldry (e), Lord Campbell, CJ,... | |
| 1906 - 606 pages
...Beg. v. Fenncll, 1 QBD 147, in the following words: 'The rule laid down in Russell on Crimes is that a confession in order to be admissible must be free...not be extracted by any sort of threats or violence, not obtained by any direct or implied promises however slight, nor by the exertion of any improper... | |
| Edmund Powell, John Cutler - 1904 - 698 pages
...and voluntary, and that it has not been O) R. v. Thuntpim, [1893] 2 QB 12. extracted by any sort pf threats or violence. nor obtained by any direct or...slight, nor by the exertion of any improper influence (6). This rule has been established by a series of decisions. In R. v. Baldry (c), Lord CAMPBELL, CJ,... | |
| 1904 - 982 pages
...words "improper influence" as used in the statement that a "voluntary confession" must not be extorted by any sort of threats or violence, nor obtained by any direct or implied promises, or the exercise of any "improper influence," le meant influence exercised by threats or promises. Roesel... | |
| Abraham Clark Freeman - 1905 - 1190 pages
...if made under circumstances which would exclude a confession, (p. 867.) EVIDENCE.— A Confession, to be Admissible, must be free and voluntary; that is, must not be extracted by any sort of threat or violence, nor obtained by any direct or implied promise, however slight, nor under the exertion... | |
| Abraham Clark Freeman - 1905 - 1164 pages
...must be free and voluntary; that is, must not be extracted by any sort of threats or violence; not obtained by any direct or implied promises, however...slight, nor by the exertion of any improper influence A confession can never be received in evidence where the prisoner has been influenced by any threat... | |
| Illinois. Courts - 1908 - 604 pages
...witness against himself.' " In Russell on Crimes, vol. 3, (6th ed.) page 478, the author says: "But a confession in order to be admissible, must be free...slight, nor by the exertion of any improper influence." Like doctrine has been expressed by the standard writers on criminal law, such as Greenleaf, Wharton,... | |
| Canada, W. J. Tremeear - 1908 - 1116 pages
...not voluntarily, but under pressure of threats or inducements. The rule was there stated to be that a confession, in order to be admissible, must be free...slight, nor by the exertion of any improper influence. The inducement need not be held out to the prisoner direct, and, where it was held out by his employer... | |
| Chrisenberry Lee Bates - 1908 - 644 pages
...influences he would have remained silent. "But a confession in order to be admissible must be free aud voluntary; that is, must not be extracted by any sort...slight, nor by the exertion of any improper influence. A confession can never be received in evidence where the prisoner has been influenced by any threat... | |
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