State v. Kidd

I

In a criminal cause, when the prosecution introduces an extrajudicial confession or admission 1 given by the defendant to the authorities, the basic rule is that it must, upon proper challenge, establish by a preponderance of the evidence that the statement was obtained (1) voluntarily, and (2) in conformance with the dictates of Miranda v. State of Arizona, 384 U. S. 436, 86 S. Ct. 1602 (1966).(1)

The first requisite is bottomed upon constitutional grounds. In Bram v. United States, 168 U. S. 532, 542, 18 S. Ct. 183 (1897), the Supreme Court of the United States declared: °

In criminal…