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Texas Judiciary - Assignment Example

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The paper "Texas Judiciary Assignment" describes Bradley Smith and Del Lago partners. Mr. Smith had been invited to a party at the bar and sustained injuries after an altercation ensued at the bar. The plaintiff argued that the bar breached its duty to care under the premise-liability claim…
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Texas Judiciary Assignment
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Download file to see previous pages The police detective, Roberts, went beyond the normal limit when interrogating a murder suspect, Mr. Wilson. The detective used falsified records to show that the appellant had been involved in the murder through a fingerprints report. According to the detective, the prints were found on the magazine of the murder weapon. In this way, the detective lured the appellant into the confession that he indeed shot the victim. The trial judge refused to drop the evidence and denied the appellant request to recant the confession. The appellant court found out that the detective was in violation of the Texas Penal Code section 37.09 that inhibit the officers from using fabricated reports to get confessions from suspects. In addition, the court found out that the trial judge erred in admitting the evidence since it was inadmissible under clause 38.23 of the Code of Criminal Procedure. Despite the decision, several judges dissented on the opinion that detectives are faced with a hard task of balancing the societal concerns and the rights granted by the Constitution The fact that the appellant confessed the murder is enough to convict him otherwise the state would risk setting the guilty free due to the interrogation methods. If I were a judge, I would concur with the dissenters since the fact that the appellant confessed to a murder could be a starting point to get the reliability of the evidence. Fingerprints are unique and thus the appellant could not have confessed if he was pretty sure that he had not used the murder weapon. ...Download file to see next pagesRead More
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