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confessing under the influence

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J

jeffeysgirl

Guest
What is the name of your state? Florida.If you confess to a crime while under the influence of drugs,can the confession be thrown out?
 


H

hexeliebe

Guest
If you confess to a crime while under the influence of drugs,can the confession be thrown out?
ANSWER: YES, No, and Maybe.

There just isn't enough information in your post to give a cognizant answer.
 
J

jeffeysgirl

Guest
someone I know was arrested for a robbery gone wrong and they want to try to convict him for premeditated murder 1st degree and attempted robbery.When he was arrested he was on drugs.He confessed to these crimes and I was wondering if it can be thrown out.
 
H

hexeliebe

Guest
You still don't get the point. O.K. I'll try to get through.

Where was he arrested?

What was the situation of drug use? (i.e. was he in a hospital under the care of a physician or just doing speed?)

Was he under arrest or just being held for questioning?

yada, yada, yada.

you see, there are alot of issues that need to be addressed before an answer can be given.

Of course I could tell you NO, fight this until hell freezes over. But that would be irresponsible now wouldn't it.
 
J

jeffeysgirl

Guest
Sorry,I am new at this and am just trying to get some information.He was arrested in florida a day or two after the crime.No he was not hospitalized for the drugs.He was on crack.Yes he was arrested for the crimes.If this is not enough information,please let me know what you need to know.
 
B

Boxcarbill

Guest
jeffeysgirl said:
Sorry,I am new at this and am just trying to get some information.He was arrested in florida a day or two after the crime.No he was not hospitalized for the drugs.He was on crack.Yes he was arrested for the crimes.If this is not enough information,please let me know what you need to know.
Let me see if I understand this. He confessed to a murder and an attempted robbery after he was arrested. Now, he wants to challenge the use of the confession at trial on the basis that he did not knowingly and intelligently give the confession because he was stoned on crack. You have to understand that Miranda is designed to protect the accused from police abuses in order to obtain a confession. In order to deter police officers from these abuses, the confession obtained in violation of accused's rights is thrown out. Here, the abuse (drug) is by the accused not be the police. Throwing out the confession would not deter police conduct which Miranda seeks to deter. If challenged in court, I believe that the court will allow the confession
 

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