Section 11.38 Role of Jury
Library | Criminal Practice 2012 Supp |
VII. (§11.38) Role of Jury
If there is an issue concerning the voluntariness of a confession, the court should hold a hearing outside the presence of the jury and make a finding that the confession is voluntary before admitting the confession into evidence before the jury. Jackson v. Denno, 378 U.S. 368 (1964); Sims v. Ga., 385 U.S. 538 (1967).
On the issue of the voluntariness of a confession:
The proper and well-established procedure is to conduct a hearing out of the presence of the jury on that issue, and if the court concludes from that evidence that the statement was free from improper inducement and that it was voluntarily given, the statement is admitted into evidence, and the jury determines the weight to be given to the statement.
State v. Edwards, 30 S.W.3d 226, 231 (Mo. App. E.D. 2000). The proper remedy for erroneously failing to hold a hearing on a motion to suppress a defendant’s statement as involuntary outside the presence of the jury is to remand the matter to the...
To continue reading
Request your trial- Books and Journals
- Section 11.1 Introduction
- Section 11.2 Formal Discovery
- Section 11.3 Prosecution
- Section 11.4 Defense
- Section 11.5 Necessity for Hearing
- Section 11.6 Generally
- Section 11.7 Advantages of Earliest Objection
- Section 11.8 Waiver
- Section 11.9 Finality of Pretrial Ruling
- Section 11.10 Preserving Objections for Appeal
- Section 11.11 Grounds for Objection and Suppression
- Section 11.12 Involuntariness
- Section 11.13 Actions of Interrogators
- Section 11.14 Inherent Weaknesses of Defendant
- Section 11.15 Miranda v. Arizona : Fifth Amendment Right to Counsel
- Section 11.16 Were Warnings Required?
- Section 11.17 Question of Custody
- Section 11.18 Question of Interrogation
- Section 11.19 Were Warnings Properly Given?
- Section 11.20 Was There a Proper Waiver?
- Section 11.21 Waiver After Assertion of Right to Silence: The Problem of Multiple Interrogations
- Section 11.22 Waiver After Assertion of Right to Counsel: The Problem of Multiple Interrogations
- Section 11.23 Summary of Miranda Analysis
- Section 11.24 Fruits of the Poisonous Tree
- Section 11.25 Massiah v. United States : Sixth Amendment Right to Counsel
- Section 11.26 Scope of Massiah
- Section 11.27 “Volunteered” Statements
- Section 11.28 Waiver of Massiah Rights
- Section 11.29 Statements of Juveniles
- Section 11.30 Statement Not Made
- Section 11.31 Burden of Proof
- Section 11.32 Scope of Proof
- Section 11.33 Finding of Fact
- Section 11.34 Need for Corroboration
- Section 11.35 Rule of Completeness
- Section 11.36 Establishing Foundation
- Section 11.37 Tape Recorded or Videotaped Statements
- Section 11.38 Role of Jury
- Section 11.39 Use of Suppressed Statements at Trial
- Section 11.40 Appeal of Suppression Ruling and Post-Conviction Relief
- Section 11.41 Form—Motion to Suppress Statements
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.