On the Admissibility of Confessions and Challenge of Jurors in Criminal Cases in England and Ireland

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A. Milliken, 1842 - Confession (Law) - 248 pages
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Page 173 - Tyne, and all Masters of Vessels in the Buoy and Light Service employed by either of those Corporations, and all Pilots licensed by the Lord Warden of the Cinque Ports, or under any Act of Parliament or Charter for the Regulation of Pilots in any other Port ; all the Household Servants of...
Page 80 - But since the attention of the court does not appear to have been called to this...
Page 163 - Nullus liber homo capiatur, vel imprisonetur, aut dissaisiatur, aut utlagetur, aut exuletur, aut aliquo modo destruatur, nee super eum ibimus, nee super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae.
Page 4 - The court advises you that the confessions of a prisoner are received as evidence of guilt, upon the presumption that a person will not make an untrue statement against his own interest.
Page 124 - ... for the trial of any issue joined in any of the said cases, and triable by a jury, in such manner as the said courts respectively have usually ordered the same; and every jury so struck shall be the jury returned for the trial of such issue.
Page 19 - the rule relating to the exclusion of confessions is, to exclude all " confessions which may have been procured by the prisoner being " led to suppose that it will be better for him to admit himself to be " guilty of an offence which he really never committed.
Page 135 - ... that if any man returned as a juror for the trial of any such issue shall be qualified in other respects according to this Act, the want of freehold shall not on such trial in any case civil or criminal, be accepted as good cause of challenge, either by the Crown or by the party, nor as cause for discharging the man so returned upon his own application...
Page 87 - ... he only wanted his money, and if the prisoner gave him that, he might go to the devil if he pleased;" upon which the prisoner took us.
Page 98 - ... take the examination of the said prisoner, and information of them that bring him, of the fact and circumstances thereof, and the same, or as much thereof as shall be material to prove the felony...
Page 81 - A free and voluntary confession is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers. But a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected.

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