Skip Page LinksWelcome to Washington State Courts
Courts Home> Court Rules
 
	

                                 RULE 3.5
                          CONFESSION PROCEDURE

     (a) Requirement for and Time of Hearing. When a statement of the
accused is to be offered in evidence, the judge at the time of the omnibus
hearing shall hold or set the time for a hearing, if not previously held,
for the purpose of determining whether the statement is admissible. A court
reporter or a court approved electronic recording device shall record the
evidence adduced at this hearing.
     (b) Duty of Court To Inform Defendant. It shall be the duty of the
court to inform the defendant that: (1) he may, but need not, testify at
the hearing on the circumstances surrounding the statement; (2) if he does
testify at the hearing, he will be subject to cross examination with
respect to the circumstances surrounding the statement and with respect to
his credibility; (3) if he does testify at the hearing, he does not by so
testifying waive his right to remain silent during the trial; and (4) if he
does testify at the hearing, neither this fact nor his testimony at the
hearing shall be mentioned to the jury unless he testifies concerning the
statement at trial.
     (c) Duty of Court To Make a Record. After the hearing, the court shall
set forth in writing: (1) the undisputed facts; (2) the disputed facts; (3)
conclusions as to the disputed facts; and (4) conclusion as to whether the
statement is admissible and the reasons therefor.
     (d) Rights of Defendant When Statement Is Ruled Admissible. If the
court rules that the statement is admissible, and it is offered in
evidence: (1) the defense may offer evidence or cross-examine the
witnesses, with respect to the statement without waiving an objection to
the admissibility of the statement; (2) unless the defendant testifies at
the trial concerning the statement, no reference shall be made to the fact,
if it be so, that the defendant testified at the preliminary hearing on the
admissibility of the confession; (3) if the defendant becomes a witness on
this issue, he shall be subject to cross examination to the same extent as
would any other witness; and, (4) if the defense raises the issue of
voluntariness under subsection (1) above, the jury shall be instructed that
they may give such weight and credibility to the confession in view of the
surrounding circumstances, as they see fit.
	

Click here to view in a PDF.

 
 
Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library 
Back to Top | Privacy and Disclaimer Notices