Law 2101 Lecture Notes - Lecture 16: Gie, Duty Counsel
21 Dec 2017
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Rights to counsel and silence, exclusion of evidence. Informational duties: what the detainee must be told. Implementational duties: what must be done to enable detainee to exercise her rights, conditional on reasonable diligence of detainee. Aid financial criteria: of the opportunity and means to access duty counsel. L is driven to the police station where he is again informed of his rights to counsel. L is placed in an interview room and left there for an hour while the police attend to other aspects of the investigation. L denies guilt but admits to being present at the scene of the robbery and involved in a fight. L objects that his rights to counsel were breached. S was arrested for murder as a result of an altercation at a bar. Shots were fired and an innocent bystander was killed by a stray bullet.
