Midterm- Week 5 Chapter 5 Flashcards
What is a person of authority?
A person who has some influence over the criminal proceedings, or a person the accused reasonably believes has some degree of power over the accused.
What is section 7?
Section of Charter that gives you the right to silence
What is a derived confession?
A second statement, which follows an inadmissible first statement and which must be assessed for the degree of connection before being admitted as evidence.
What is the Hart rule?
Two prong approach to including evidence from Mr. Big Stings in court: 1) Establish the probative value of the evidence by looking at the broader circumstances the admission was made, 2) The court must look at the actual confession for “marker of credibility”
What is derivative-use immunity?
The right not to have evidence derived from evidence given under oath at one proceeding used against oneself at another proceeding.
