England · Legal treatise
Thomas Leach’s sixth edition of Hawkins’s criminal-law treatise, including the rule limiting a confession’s use to the person who made it.
Requested text available. Collection target: Thomas Leach sixth edition (1787), Book II
William Hawkins · Volume 2 · 6th ed. · 1787
Internet Archive, The Eighteenth Century microfilm collection; digitized from reel IA40310315-03, ESTC N013973. Complete Book II on sequence review and sampled images. Chapter 46, section 3, concerns the accused’s own confession and limits its use to the person confessing. The surrounding notes address authentication, voluntariness, and inducement. Sections 4–5 add a treason-specific qualification and the rule that a confession must be considered as a whole; later sections separately address witness depositions. This is Thomas Leach’s sixth edition (1787), Book II. Its text and editorial additions should not automatically be attributed to other editions. Printed pages 603–604 correspond to PDF pages 621–622. Both the opinion citation and the historical passage were visually checked. Duplicate scan pages and the inserted starred pages are preserved in the original PDF; they change the page offset across the book.
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Antonin Scalia · Opinion of the Court
Crawford v. Washington, 541 U.S. 36, 45 (2004).
Scalia cites Hawkins’s sixth edition for the distinction between admitting a confession against the person who made it and admitting it against another defendant. The historical passage discusses confessions obtained in several settings and does not make them automatically admissible regardless of voluntariness or other requirements.
Chapter 46, section 3, concerns the accused’s own confession and limits its use to the person confessing. The surrounding notes address authentication, voluntariness, and inducement. Sections 4–5 add a treason-specific qualification and the rule that a confession must be considered as a whole; later sections separately address witness depositions.
This is Thomas Leach’s sixth edition (1787), Book II. Its text and editorial additions should not automatically be attributed to other editions.
Printed pages 603–604 correspond to PDF pages 621–622. Both the opinion citation and the historical passage were visually checked.
Duplicate scan pages and the inserted starred pages are preserved in the original PDF; they change the page offset across the book.