Excluding Coerced Witness Testimony to Protect a Criminal Defendant's Right to Due Process of Law and Adequately Deter Police Misconduct

Authors

Katherine Sheridan

Keywords

evidence, witness, testimony, admissibility of testimony, exclusion, coercion, Due Process

Abstract

This Note argues that the Due Process Clause must protect criminal defendants from the admission of an involuntary statement made by a witness. Part I discusses the history of the use of involuntary statements, specifically the justifications for the exclusion of coerced confessions. Part II examines how various courts have addressed the issue and have come to different conclusions. Part III explains why involuntary witness statements should be excluded under the Due Process Clause in criminal trials.

Recommended Citation

Katherine Sheridan, Excluding Coerced Witness Testimony to Protect a Criminal Defendant's Right to Due Process of Law and Adequately Deter Police Misconduct, 38 Fordham Urb. L.J. 1221 (2011).
Available at: https://ir.lawnet.fordham.edu/ulj/vol38/iss4/8