(DOWNLOAD) "Lafrance v. Bohlinger" by United States Court of Appeals for the First Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Lafrance v. Bohlinger
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 28, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The main question on appeal is whether a state judge committed constitutional error when he permitted the district attorney to use a witness prior statement to the police to impeach the witness without a judicial inquiry into its voluntariness and without instructing the jury to pass on its voluntariness. Cf. Jackson v. Denno, 378 U.S. 368, 12 L. Ed. 2d 908, 84 S. Ct. 1774 (1964). The district court ruled that the trial judges treatment of the statement, which implicated the accused as well as the witness in the crimes for which the former was on trial, violated the right of the accused to due process of law. Massachusetts contends that the Jackson requirements apply only to confessions of an accused, and that procedures required in that case should not be extended to the prior statements of a witness.