(DOWNLOAD) "State of Louisiana v. Ramus J. Benoit" by Supreme Court Of Louisiana " eBook PDF Kindle ePub Free
eBook details
- Title: State of Louisiana v. Ramus J. Benoit
- Author : Supreme Court Of Louisiana
- Release Date : January 17, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Before the state may introduce a confession into evidence, it must be affirmatively shown that it was freely and voluntarily given. R.S. 15:451. Whether such a showing has been made is analyzed on a case by case basis with regard to the facts and circumstances of each case. Brown v. Illinois, 422 U.S. 590, 45 L. Ed. 2d 416, 95 S. Ct. 2254 (1975); State v. Lindsey, 404 So.2d 466 (La. 1981); State v. Williams, 383 So.2d 369 (La. 1980), cert. denied, 449 U.S. 1103, 66 L. Ed. 2d 828, 101 S. Ct. 899 (1981); State v. Alexander, 339 So.2d 818 (La. 1976). Where the accused is in custody, a prerequisite to admissibility of a confession is the advising of the accused of his constitutional rights and his intelligent waiver of those rights. Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966). The trial court's determination that a statement was free and voluntary is entitled to great weight and will not be disturbed unless it is not supported by the evidence. State v. Lindsey, supra; State v. Williams, supra; State v. Trudell, 350 So.2d 658 (La. 1977). SUPREME COURT OF LOUISIANA