IMPEACHMENT WITH UNCONSTITUTIONALLY OBTAINED EVIDENCE - COMING TO GRIPS WITH THE PERJUROUS DEFENDANT

• NCJ Number: 5394
• Journal: JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 62 Issue: 1 Dated: (MARCH 1971) Pages: 1-16
• Author(s): J COLE
• Date Published: 1971
• Length: 16 pages
• Corporate Author: Williams and Wilkins Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PROSECUTION MAY INTRODUCE UNLAWFULLY OBTAINED EVIDENCE FOR PURPOSE OF IMPEACHING THE TESTIMONY OF A PERJUROUS DEFENDANT.

Abstract

THE MIRANDA DECISION DOES NOT PRECLUDE THE ADMISSIBILITY OF UNLAWFULLY OBTAINED STATEMENTS FOR THE PURPOSE OF IMPEACHING THE TESTIMONY OF A PERJUROUS DEFENDANT. THIS IMPEACHMENT EXCEPTION TO THE EXCLUSIONARY RULES OF EVIDENCE WILL NOT ENCOURAGE POLICE MISCONDUCT SINCE IT IS DOUBTFUL THAT POLICE WILL RISK LOSING IMPORTANT CASE-INCHIEF EVIDENCE IN THE HOPE OF OBTAINING EVIDENCE BEARING SOLELY ON CREDIBILITY. THE IMPEACHMENT EXCEPTION DOES NOT IMPEDE DEFENDANT'S RIGHT TO TESTIFY SINCE THE RIGHT TO TESTIFY DOES NOT EMBRACE A RIGHT TO COMMIT PERJURY.