Chapter 5

Question 1

What is an admission?

Answer 1

A statement made to a civilian that is adverse to the maker’s penal interests
- technically hearsay

Question 2

what is a formal admission?

Answer 2

Admission made in legal proceeding which relieves the other side of the burden of proving a certain fact or fact

Question 3

What is an informal admission?

Answer 3

An admission not made in the course of a judicial proceeding
Ex. Blurted out

Question 4

What is a confession?

Answer 4

An admission made to a person in authority

Question 5

What is a person to authority?

Answer 5

A person who has influence over the criminal proceedings

Question 6

What is the contemporary confession rule?

Answer 6

A confession made to a person in authority is admissible as evidence against the accused only if the Crown can show beyond a reasonable doubt, that it was voluntary
4 Factors
- Threats or promises
- oppression 
- operating mind of the suspect 
- other police trickery

Question 7

What is an operating mind?

Answer 7

Whether the statement or decision of an accused was voluntary, was the accused capable of deciding to make the statement or choice
- assessment of the accused’s mental and physical condition

Question 8

What is section 7 of the Charter?

Answer 8

Individuals have a right to remain silent in the face of police questioning, even if they initiate police contact and volunteer some information

• irrelevant and inadmissible at the accused’s trial
• exists in both in-custody and out-of-custody situations

Question 9

What is self-incrimination?

Answer 9

Accused person do have the right to protection against self-incrimination
section 13

Question 10

True or false, can anything the accused say at the preliminary trial be led as evidence against them at the trial?

Answer 10

Yes

Question 11

The requirement in Canada is that admissions be voluntary only applies to the statements made to who?

Answer 11

Persons in Authority

Question 12

The derivative of evidence is dealt under what?

Answer 12

The Grant Framework

Question 13

True or false - adult persons have a right to the presence of a lawyer during an interview

Answer 13

false

Question 14

True or false - when there is a change in circumstances accused have a change to a second right to counsel?

Answer 14

Yes

Question 15

What are the scopes to the right to remain silent?

Answer 15

o Police are allowed to question a suspect after the suspect has consulted with counsel
o The right to silence in this context applies only after detention
o The right to silence does not affect voluntary statements made to fellow cellmates
o There is a difference between undercover agents who merely observe a suspect and hear an inculpatory statement without doing anything to violate the suspects right to remain silent, and undercover police officers who actively elicit information in violation of the claimed right to silence

Question 16

True or false - the Crown cannot cross-examine the accused on his credibility at his criminal trial using non-incriminatory evidence that he gave in a civil action?

Answer 16

false