Legal Question in Constitutional Law in New York

is jury allowed to hear expert testimony as to why the defendant likely confessed to a crime he did not commit after a pretrial determined it was voluntary? also 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? how?

Asked on 12/20/12, 7:39 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

A finding that the confession was voluntary should not bar evidence that it was false. Those are two different questions. But the fact that this particular reason would not keep the testimony out does not mean it can come in. There might be other, valid reasons not to allow it.

Cross-examining a defense witness does not violate the constitution. Forbidding such cross-examination might or might not be error. I would need to know why it happened before I could say.

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Answered on 12/20/12, 8:01 pm

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