Admission, Promises & Confessions | Promises and Oppression | Police Trickery | Rights and Freedoms | Charter of Rights |
---|---|---|---|---|
What is admission
Statement made by a person that is adverse to person’s interest
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What is Oppression
○ Depriving of food, clothing, water, sleep medical attention
○ Denying the suspect access to counsel ○ Excessively aggressive, intimidating questioning over a long time ○ Use of nonexistent evidence ○ Oppression relates to reliability of confession |
What is, are police allowed to lie?
Yes, they can lie to the accused
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What is Trier of Fact?
Justice of peace / judge
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What is your rights upon Arrest (3)
veryone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor; (b) to retain and instruct counsel without delay and to be informed of that right; and (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. |
What is confession evidence against?
against its maker only, absent special circumstances
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What is operating Mind requirement
Suspect must have a limited degree of cognitive ability
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What is a person of authority (example)
(Psyc doc, undercover officer, doctor, nurse, ambulance, religious ppl., social worker etc)
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Where is country(s) which believes in Guilty Before proven Innocent?
Brazil, China, France, Italy, Philippines, Poland, Romania and Spain
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What is an example of cruel and unusual punishment?
cruel and unusual treatment or punishment
- Waterboarding, electric chair, death penalty |
What portion(s) are used in court for a confession?
whole or part of the confession
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What creates Potential to produce unreliable confessions
Oppression
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What is Police Trickery Against?
(protection)
accused’s rights and fairness
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What is prohibited in USA, UK and Germany?
Mr. Big Operations
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What is
Any persons charged with an offence has the right (a) to be informed without __________________
Any persons charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence; |
What is inducement or hope of an advantage.
promise
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What is Quid pro quo
establish existence of threat or promise, but not determinative
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What should be excluded if the police deception shocks the community
interrogation information
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What is likely to warrant exclusion
Improper conduct, or procedure
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What is rights not to be discriminated against (discrimination topics 9)
without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
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What is voluntariousness
per se vitiate
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What is
not produce involuntary confession because inducement is not within control of person in authority
Moral or spiritual inducements
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What is evidential burden on for Person of Authority?
Accused
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Do Police need to believe your innocence before proven guilty when called to an emergency?
No, they need to investigate
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What is the fundamental right that decamping goes against?
Everyone has the right to be secure against unreasonable search or seizure.
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right (a) to move to and take up residence in any province; and (b) to pursue the gaining of a livelihood in any province. |