Confessions in Texas Revisited

Date

1971

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

The author claims that the legislation regarding confessions is ambiguous and unclear. The author explains each part of the law and how each part does not clearly state Texas’s law regarding confessions. The grammatical errors in the law render a different interpretation on the rules for confessions than the intended meaning of the legislature. The author poses the question of whether the Texas law prevails over the case law on confessions from Miranda v. Arizona. The author looks at the content of the Texas Res Gestae rule and compares it to the rules set forth in Miranda. After comparing the different laws, the author notes that the question of what counts as a confession in the state of Texas still remains. Thus, the author suggest that the current law on confessions be repealed and makes suggestions for how the confession law should be written.

Description

Keywords

Confession, Miranda, Custody, Texas Res Gestae law, Res Gestae, Miranda v. Arizona

Citation

3 Tex. Tech L. Rev. 55