Legal Implications of Police trickery and confession admissibility in Canadian law
Question
Task: How does Canadian law address Police trickery and confession admissibility in Canadian law trickery and the admissibility of voluntary confessions in court?
Answer
1. Police trickery and confession admissibility in Canadian law case, Yes, the boy’s mother would be classified as a person in Authority due to the boy being 16 years of age thus classifying him as a minor (Canada J. o., 1998). This would make it his mother’s moral and legal obligation to raise the concern as it would have admissibility of the boy’s statement. Failure to highlight the concern would lead to the mother also being classified as guilty of the offense if proven in court. In this situation, the boy’s mother is obligated to reporting the matter to the authorities which would deliver a better chance of protecting the minor from charges as opposed to hiding the offense. Failing to report the incident would classify the mother as an aider to the incident and likely to attract legal proceeding against her as well.
2. Vair Dire is only considered as evidence if there is supporting evidence to prove the conversation took place and is directly linked to the incident. The Police trickery and confession admissibility in Canadian law officer may be able to testify in court regarding the information he overheard while sleeping in the next cell but this information can only be classified as valid if there is additional evidence proving the discussion took place. In addition to this, the evidence would also need to point directly to the incident and pinpoint specific details which can be investigated and counter checked to determine if the information is true (Website, 1985). Without documented evidence of the conversation and specific details related to the incidence if would only be classified as word of mouth and his word against theirs. In such situation, the evidence would require being backed up with documented proof in form of audio and video recording which can be used to verify the Police trickery and confession admissibility in Canadian law officers evidence.
3. Every suspect has the right to remain silent but the law does not specify how long the interrogation can continue. The main limitation to an interrogation is linked to forceful confession through torture but simple interrogation can continue. The Police trickery and confession admissibility in Canadian law have the jurisdiction to continue interviewing a suspect using difference approached and strategies with the hope of extracting important information (Line, 2017). But it is also important to respect the suspect’s human rights and refrain or withdraw from investigations and interrogation when he requested for his right to remain silent. The interrogation should them withdraw and resume later or with a different officer who may be able to extract additional information. The durations a suspect is held in custody depend on the crime the individual is accused of and the more serious the case the longer interrogations and their severity can be done. Interrogation laws do no limit the time an individual can be interrogated repeatedly as interactions tend to extract information over time. Interrogations must never utilize torture and harm the suspect as this is against the Canadian interviewing rules and laws and can be used by the suspect again the force and Police trickery and confession admissibility in Canadian law if proven. Information must be extracted in a human way and volunteerism by the suspect (Yosowich, 2017)t.
4. Yes, the confession will be admissible in court due to being a sighed document which the suspect has volunteers to make (Stewart, The Confessions Rule and the Charter, 2009). The Police trickery and confession admissibility in Canadian law had asked the suspect on several occasions regarding his right to consult with lawyer and counsel but he did not take up this opportunity to call his legal advisor or layer. He also did not request for counsel to aid him and opted to confess regarding the incident. According to the Canadian Criminal Evidence/Admissions and confessions/ Voluntariness law, the Police trickery and confession admissibility in Canadian law must inform the suspect of his right to consult lawyers for advice but also have the power to utilize Police trickery and confession admissibility in Canadian law Trickery tactics to extract information from the suspect (Jedlinsk, 2007). This can take place in the following forms
• pretending to be a pretending to be a chaplain or legal aid, lawyer
• using truth serum under the pretence that it is insulin
• Pretending to turn off a tape recorder when taking a statement
These strategies are allowed during interrogations with the sole objective of extracting information from the suspect and enforcing the law. They are only permitted to ensure the law is enforced and guilty suspects held responsible for their crimes. They also help identify genuine pleas by suspects who may genuinely not be guilty of any crime and being held for interrogation.
5. A confession is valid in court as evidence as long as the suspect has made the confession willingly and not under any influence of pressure. The Police trickery and confession admissibility in Canadian law office had informed the women regarding her right to remain silent but had not discussed the cautions related to discussing the case with the officer which could result legal action being taken against her. She still opted to make the confession volunteer thus this confession of valid in court and can be used as evidence against her (Stewart, The Confessions Rule and the Charter, 2009). Cautioning involves informing the suspect regarding the consequences of discing any details or making a commission to the Police trickery and confession admissibility in Canadian law without lawyers could be used against her and in court as evidence but still applies and can be used if not mentioned to the suspect.
6. Yes as this falls under the Police trickery and confession admissibility in Canadian law Trickery jurisdiction, this allows Police trickery and confession admissibility in Canadian law to use trickery to encourage the suspect to make confessions related to a suspected incident which may have occurred. As long as the suspect has made the confession without any pressure or torture the confession shall be classified as valid and credible in court (Law, 2009). Canadian law allows for Police trickery and confession admissibility in Canadian law to use such strategies to extract information from suspects with the intention of upholding law and if a confession is made it is valid in court.
7. Any statements made an office must be clearly documented so as to be valid in court as evidence. Word of mouth can now be considered as valid unless the officer has documented the statement of any incriminating statement. Any information or admittance towards having committed or having participated in a crime can be help and used as evidence against a suspect as long as their being documented evidence of the statement (Canada G. A., 2017). The age is a different factor which will require to be evaluated since the suspect would be classified as a juvenile but the value of evidence collected will remain valid for all suspects despite of their age or crime committed.
References
Canada, G. A. (2017). Rights of the Accused. Global Affairs Canada.
Canada, J. o. (1998). R. v. Hodgson. Supreme Court Judgments.
Jedlinsk, N. (2007). THE INTERPLAY BETWEEN SECTION 7 OF THE CHARTER AND VOLUNTARINESS (THE CONFESSIONS RULE) AFTER R v SINGH. Criminal Appeals and Special Prosecutions Vancouver, B.C. .
Law, C. (2009). POLICE TRICKERY AND CONFESSION ADMISSIBILITY IN CANADIAN LAW TRICKERY IN INDUCING CONFESSIONS. canadian Law Forum.
Line, L. (2017). The right to remain silent. Legal Line Canada.
Stewart, H. (2009). The Confessions Rule and the Charter. Hamish Stewart.
Stewart, H. (2009). The Confessions Rule and the Charter. MCGILL LAW JOURNAL / REVUE DE DROIT DE MCGILL.
Website, J. L. (1985). Canada Evidence Act (R.S.C., 1985, c. C-5). Government of Canada.
Yosowich, M. (2017). The right to remain silent upon detention. Find Law Canada. Police trickery and confession admissibility in Canadian law
