When can a jury consider whether evidence was illegally obtained?
A defendant can get to the jury if he can raise a CONTESTED question of FACT before the jury concerning the legality of the manner in which the evidence was obtained.
If the ∆ can get to a jury, what should the jury be told by the judge in the instructions?
The jury should be told to consider whether the evidence was illegally obtained. It should further be instructed that it should disregard the evidence unless it finds the state proves BRD that the evidence was legally obtained.
∆'s out-of-court CONFESSION (the "Corpus Delicti" Rule)
SEXUAL ASSAULT victim's testimony
testimony by an UNDERCOVER informer
Certain DRUG prosecutions
Jailhouse SNITCH testimony
Accomplice Testimony Rule
A defendant cannot be convicted on the testimony of an accomplice UNLESS there is corroborating evidence that tends to CONNECT the defendant to the crime
Corpus Delicti Rule
A ∆ cannot be convicted on an out-of-court confession unless there is corroborating evidence of the "corpus delicti," that is, evidence tending to show that a crime, was in fact committed.
Sexual Assault Victim Rule
A ∆ cannot be convicted on the testimony of a sexual assault victim without corroborating evidence connecting the ∆ to the offense unless: (1) victim told someone other than D about the offense within 1 year of its commission, (ii) the victim was under 18 years of age at the time of the crime, (iii) the victim was impaired, that is, unable to satisfy her need for food, shelter, care, and protection, or (iv) the victim was 65 years of age or older
In a prosecution for a drug offense, conviction cannot rest on the uncorroborated testimony of a person not a law enforcement officer, who acted covertly or under color of law enforcement.
Jaihouse Snitch Rule
A conviction cannot rest on the testimony of a person to whom the ∆ made a confession while that person was confined in jail with the defendant. The testimony of such a person must be corroborated by testimony tending to connect the defendant to the offense.