CRIM 330 Study Guide - Final Guide: Duty Counsel
26 Apr 2018
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Problem #6: will the judge exclude the confession? (confession rule introduced in ibrahim v. The legal system is always concerned with probative value, when dealing with confessions or admission"s. A confession obtained as a result of torture or in a state of coercion would have low probative value whereas a confession made in a completely voluntary manner (applies. To this case), after a full consultation with counsel would probably have fairly high probative value. A confession is an informal admission made to a person in authority. Confessions must be voluntary to be admissible in court. The crown must prove voluntariness beyond a reasonable doubt (3 elements) Whether the admission was made to a person in authority (yes) Determined by subjectively from the viewpoint of the accused (reasonable basis) Whether the confession was truly voluntary (4 factors) (no) Threats or promises: police offer something or threaten something as an inducement to a confession. (moral inducements)
