7105541
Descripción
Test por David Isaac, actualizado hace más de 1 año
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Creado por David Isaac
hace más de 7 años
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Pregunta 1
Pregunta
The term "person in authority" in the common law confessions rule refers to
Respuesta
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The Crown or police.
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Someone involved in the criminal justice system.
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Someone involved in the arrest, detention, interrogation or prosecution of the accused.
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Someone the accused reasonably ought to know will inform the police.
Pregunta 2
Pregunta
The parents of a child are...
Respuesta
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Not generally considered a person of authority.
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Not a person of authority unless they have interacted with the police.
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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
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Whether or not the confession is induced by a promise that things will be better if they confess.
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Whether or not the confession is produced by threats or promises.
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Whether or not the confession is made by oppression.
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Whether or not the confession is made by someone who is deeply upset.
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Whether or not the person who makes it has an operating mind.
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Whether or not the police engage in trickery that would shock the community conscience.
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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
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Your rights were infringed.
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Your rights, or the rights of someone materially related to the charge against you were infringed.
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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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