Opinion

People v. Simpson

  • 68 Ill. 2d 276
  • 12 Ill. Dec. 234
  • 369 N.E.2d 1248
  • 3 A.L.R. 4th 1094
  • 1977 Ill. LEXIS 381
Court
Illinois Supreme Court
Filed
Oct 5, 1977
Status
Published
Author
Ward
On the bench
Moran, Ward, Goldenhersh, Dooley
Cited by
34 cases

statement was admissible to explain the words of the defendant’s public admission, “Yes”; statement gave meaning to the defendant’s otherwise incomprehensible statement

How later courts described this case

  • statement was admissible to explain the words of the defendant’s public admission, “Yes”; statement gave meaning to the defendant’s otherwise incomprehensible statement
  • recognizing the third-party exception to marital privilege

Written by the judges who cited it.

The opinion

MR. CHIEF JUSTICE WARD, dissenting:

I judge from a realistic appraisal of the circumstances here that the defendant’s wife, by prearrangement with the law enforcement officers, entered the room where the defendant was being questioned by an assistant State’s Attorney and two deputy sheriffs. One of the questioners then told Mrs. Simpson to state what the defendant had said to her about the killing. Mrs. Simpson stated that the defendant had told her he had shot Gwen, and very predictably the defendant responded to that statement. The prosecution and the majority say that this reply constituted a voluntary waiver of the privilege by the defendant. I consider that under the circumstances the defendant’s reaction to his wife’s statement before the officers who were questioning him cannot be considered a waiver. A waiver, of course, to be valid, must be voluntary and with understanding of what is being waived. There is no showing of understanding by the defendant of the privilege the majority holds that he waived. Beyond that, it is clear to me that the defendant’s response was secured through deliberate provocation or incitement. Under the circumstances here I think this was improper, not as a matter of punctilio but because the ruse practiced made the privilege meaningless.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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