QUESTION
Is jury allowed to hear expert testimony as to why the defendant confessed to a crime he did not commit after a pre-trial determined it was voluntary?
Asked on Dec 20th, 2012 on Criminal Law - Florida
More details to this question:
Should a relative who testifies that the defendant has been disillusion for years be allow to be cross-examined and is not then does that violate the constitution and how?
5 ANSWERS
Geoffrey MacLaren Yaryan
Yes, the judges determination that is was voluntary only goes to its admissibility at trial. The jury can hear evidence that it was a false confession once admitted.
Answered on Jan 02nd, 2013 at 2:37 PM
Michael J. Breczinski
Yes you can get an expert on that point. It goes to the issue of whether the jury pays attention to the confession.
Answered on Dec 30th, 2012 at 12:28 AM
The answer to your question is yes. Even after a court rules a confession admissible, a jury can be required to determine whether it was voluntary.
Answered on Dec 26th, 2012 at 2:26 PM
Gary Moore
Even after a judge determines a statement was given voluntarily, a defendant has the right to have the jury determine whether his statement was given voluntarily.
Answered on Dec 26th, 2012 at 12:00 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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An expert could be hired to explain this to a jury, probably a psychological expert. All witnesses get cross examined, and this does not violate the constitution.
Answered on Dec 26th, 2012 at 9:42 AM