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Bram Vs. United States

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  • US Supreme Court
  • Dec 13, 1897

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  1. Bram v. United
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  2. States - 168 U.S. 532 (1897) U.S. Supreme Court Bram v. United
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  3. States, 168 U.S. 532 (1897) Bram v. United
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  4. the prisoner in the crime charged, even though, in terms, it is an accusation of another or a refusal to confess. Rex v. Tyler
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  5. Rex v. Enoch
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  6. Car. & P. 539. See further, as to the object of the rule, Rex v. Court
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  7. People v. Ward
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  8. Nor from the fact that, in Wilson v. United
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  9. and could not therefore have been prejudicial, has been well stated by the Supreme Court of North Carolina, State v. Rorie
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  10. cases. The statement of the rule is also in entire accord with the decisions of this Court on the subject. Hopt v. Utah
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  11. Sparf v. United
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  12. Pierce v. United
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  13. and Wilson v. United
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  14. by the text writers and adjudications but formulate the conceptions and commands of the Amendment itself. In Boyd v. United
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  15. their integrity, free from the possibilities of future legislative change. In commenting on the same subject in Brown v. Walker
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  16. the law of nature, and was imbedded in that system as one of its great and distinguishing attributes. In Burrowes v. High
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  17. decisions applying the principles stated by Lord Hale, Hawkins, and Gilbert, both the opinion of Lord Mansfield in Rex v. Rudd
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  18. embodies the rule existing at common law, and imbedded in the Fifth Amendment, was noticed by this Court in Wilson v. United
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  19. depend upon its own facts, but that even the legal rule to be applied was involved in obscurity and confusion. Green v. State
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  20. State v. Patterson
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  21. State v. Matthews
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  22. it must appear that the accused was made to understand that it was optional with him to make a statement. Rex v. Green
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  23. Reg. v. Arnold
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  24. accused tended to induce in the mind of the latter such hope or fear as to lead to involuntary mental action. In Reg. v. Drew
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  25. Car. & P. 140, and Reg. v. Harris
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  26. where similar assurances that the statement of the prisoner would be used were made to him by a police officer. Reg. v. Morton
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  27. Moo. & Rob. 514, and Reg. v. Furley
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  28. over the accused was admissible in evidence after an inducement had been held out to the prisoner by such person. Rex v. Spencer
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  29. finally settled, however, that the effect of inducements must be confined to those made by persons in authority, Reg. v. Taylor
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  30. Reg. v. Moore
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  31. excluding statements made under inducement improperly operating to influence the mind of an accused person. In Rex v. Thompson
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  32. in Rex v. Griffin
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  33. Russ. & Ry. 151, telling the prisoner that it would be better for him to confess. In Rex v. Jones
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  34. that he only wanted his money, and, if the prisoner gave him that, he might go to the devil, if he pleased. In Rex v. Kingston
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  35. In Rex. v. Enoch
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  36. In Rex v. Mills
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  37. In Rex v. Thomas
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  38. In Rex v. Simpson
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  39. it would be a good deal worse for her if she did not, and that it would be better for her if she did confess. In Rex v. Upchurch
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  40. In Reg. v. Croydon
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  41. In Reg. v. Garner
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  42. In Reg. v. Fleming
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  43. In the leading case of Reg. v. Baldry
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  44. induced in the mind of the prisoner a hope of benefit sufficient to lead him to make a statement. The cases of Reg. v. Drew
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  45. Reg. v. Harris
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  46. Reg. v. Morton
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  47. and Reg. v. Farley
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  48. decided. In the course of the argument, counsel for the prisoner cited and commented upon Cass' Case, Rex v. Thomas
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  49. Sherrington's Case and Rex v. Enoch
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  50. decided that that would not prevent the statement's being received in evidence, by Littledale, J., in the case of Rex v. Court
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