Law qquestions and essays

Even though the confession was obtained in violation of Deft’s 5 th Amendment rights and therefore cannot be used to prove his guilt, the Court has held that improperly obtained confessions can be used as impeachment at trial. Therefore, if Deft testifies that he did not commit the crime or gives an alibi to try to exonerate himself, the prosecution can on cross-examination question Deft about the invalid confession in order to destroy his credibility. The improper confession operates as a prior inconsistent statement in order to suggest that Deft has told a different version of the story before and therefore shouldn’t be believed.

Law qquestions and essays

law qquestions and essays

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