Self-Incrimination

Descripción

Quiz on self-incrimination.
David Isaac
Test por David Isaac, actualizado hace más de 1 año
David Isaac
Creado por David Isaac hace alrededor de 8 años
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Resumen del Recurso

Pregunta 1

Pregunta
The term "person in authority" in the common law confessions rule refers to
Respuesta
  • The Crown or police.
  • Someone involved in the criminal justice system.
  • Someone involved in the arrest, detention, interrogation or prosecution of the accused.
  • Someone the accused reasonably ought to know will inform the police.

Pregunta 2

Pregunta
The parents of a child are...
Respuesta
  • Not generally considered a person of authority.
  • Not a person of authority unless they have interacted with the police.
  • A person in authority, as a reasonable person would think they will contact the police.

Pregunta 3

Pregunta
The criteria for voluntariness are... (check all that apply)
Respuesta
  • Whether or not the confession is induced by a promise that things will be better if they confess.
  • Whether or not the confession is produced by threats or promises.
  • Whether or not the confession is made by oppression.
  • Whether or not the confession is made by someone who is deeply upset.
  • Whether or not the person who makes it has an operating mind.
  • Whether or not the police engage in trickery that would shock the community conscience.
  • Whether or not the police engage in disingenuous behaviour.

Pregunta 4

Pregunta
In order to admit a confession, one of the things the crown needs to show that probative value outweighs prejudicial effect.
Respuesta
  • True
  • False

Pregunta 5

Pregunta
According to R v Edwards, in order to make an application under s. 24 of the Charter, you have to show that
Respuesta
  • Your rights were infringed.
  • Your rights, or the rights of someone materially related to the charge against you were infringed.
  • Your rights, or the rights of someone connected to the event of the charge in time and place were infringed.

Pregunta 6

Pregunta
Evidence can be excluded if a reasonable person would think that admitting it would bring the administration of justice into disrepute.
Respuesta
  • True
  • False

Pregunta 7

Pregunta
In the context of R v Grant, the moral blameworthiness of the police's action is reduced if the state had not other way to get the evidence.
Respuesta
  • True
  • False

Pregunta 8

Pregunta
Extenuating circumstances play no role in determining the seriousness of the infringing police conduct.
Respuesta
  • True
  • False
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