POLITICAL LAW & CONSTITUTIONAL LAW. Notes: The right to counsel has been written into our Constitution in order to prevent the use of duress and other undue influence in extracting confessions from a suspect in a crime. The basic law specifically requires that any waiver of this right must be made in writing and executed in the presence of a counsel. In such case, counsel must not only ascertain that the confession is voluntarily made and that the accused understands its nature and consequences, but also advise and assist the accused continuously from the time the first question is asked by the investigating officer until the signing of the confession. Hence, the lawyer’s role cannot be reduced to being that of a mere witness to the signing of a pre-prepared confession, even if it indicated compliance with the constitutional rights of the accused.The accused is entitled to effective, vigilant and independent counsel. A waiver in writing, like that which the trial court relied upon in the present case, is not enough. Without the assistance of a counsel, the waiver has no evidentiary relevance. The Constitution states that “[a]ny confession or admission obtained in violation of [the aforecited Section 12] shall be inadmissible in evidence x x x.” (Citations omitted) (1997 TACORDA & BIDO FILES/NOTES 97 - 483 Arellano Law Foundation)
Posted on: Wed, 21 Aug 2013 08:53:16 +0000
Trending Topics
Recently Viewed Topics
© 2015