David Isaac
Quiz by , created more than 1 year ago

Quiz on self-incrimination.

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David Isaac
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Self-Incrimination

Question 1 of 8

1

The term "person in authority" in the common law confessions rule refers to

Select one of the following:

  • 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.

Explanation

Question 2 of 8

1

The parents of a child are...

Select one of the following:

  • 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.

Explanation

Question 3 of 8

1

The criteria for voluntariness are...

(check all that apply)

Select one or more of the following:

  • 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.

Explanation

Question 4 of 8

1

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

Select one of the following:

  • True
  • False

Explanation

Question 5 of 8

1

According to R v Edwards, in order to make an application under s. 24 of the Charter, you have to show that

Select one of the following:

  • 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.

Explanation

Question 6 of 8

1

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

Select one of the following:

  • True
  • False

Explanation

Question 7 of 8

1

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.

Select one of the following:

  • True
  • False

Explanation

Question 8 of 8

1

Extenuating circumstances play no role in determining the seriousness of the infringing police conduct.

Select one of the following:

  • True
  • False

Explanation