confessions Flashcards
1
Q
what is a confession
A
an oral/written statement made by an accused in a criminal case to a person of authority which incriminates themselves
2
Q
how can a confession be inadmissible
A
if it breaches constitutional rights or rules of fairness
3
Q
what three things make a confession inadmissible
A
- in breach of constitutional rights of accused
- involuntary confession
- made in the absence of basic or fundamental fairness
4
Q
what is the right to liberty and what article is it
A
once constitution has been violated for the purpose of securing a confession, the fruits of that violation must be excluded from evidence on that ground (article 40.4.1)
5
Q
what is article 40.3
A
right to privacy (unenumerated right)
