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United States [4] that the circuit court's decision had been wrong, even though the circuit court had found in favor of the government. He urged the Supreme Court to vacate Knox's conviction for possession of child pornography; they remanded the case to circuit court.
The Supreme Court reversed the Colorado Supreme Court's decision to suppress the evidence, stating that there was no violation of the due process clause. In the words of the Supreme Court: Coercive police activity is a necessary predicate to finding that a confession is not "voluntary" within the meaning of the Due Process Clause.
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, e.g. as "a statement admitting or acknowledging all facts necessary for conviction of a crime", which would be distinct from a mere admission of certain facts that, if true ...
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Proctor (a variant of procurator) is a person who takes charge of, or acts for, another. [1] The title is used in England and some other English-speaking countries in three principal contexts: [1] In law, a proctor is a historical class of lawyers, and the King's (or Queen's) Proctor is a senior government lawyer.
Confession of judgment is a legal term that refers to a type of contract (or a clause with such a provision) in which a party agrees to let the other party enter a judgment against them. Such contracts are highly controversial and may be invalidated as a violation of due process by courts, since the obligor is essentially contracting away his ...
Much of U.S. criminal law is derived from the English common law, in which the standard analysis is that (with the exception of strict liability offenses) a crime is made up of two parts: (i) the guilty act (ii) and the guilty intention . A court examines the issues in sequence since there is little point in establishing intent if the accused ...
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.