Mr Big Flashcards
Why are mr big confessions effective?
No detention, thus no RTS
No person in authority, this no confessions rule and no requirement to prove voluntariness
It is an admission by a party (hearsay exception)
These confessions are more likely to lead to corroborating evidence than regular interrogations or jailhouse informants
What is the usual process for mr big
Initial contact
Simple task
Gradual increase in responsibility, increased money flowing
Creates dependency
Then start to build pressure … police finding stuff on you etc
Tries to elicit a confession
When are mr big confessions usually used
Cold cases with little evidence and a suspect. The suspect is usually in tough financial circumstances.
What are the considerations for admitting mr big evidence
Mr Big confessions are presumptively inadmissible unless crown establishes on BOP that the probative value > prejudicial effect (a specific qualification of the admissions exception to hearsay) – R v Hart
Probative value involves reliability of the confession. Consider:
Circumstances in which confession given
Length of operation
Number of interactions
Nature of relationship btwn accused and undercover police
Nature and extent of inducements
Presence of threats, conduct of interrogation
Personality of accused (age, sophistication, mental health)
Balanced against markers of reliability
Leads to corroborative evidence?
Identifies elements of crime that were not made public?
Describes accurately mundane details of crime that accused wouldnt have known had he not committed it
Greater concerns, stronger markers of reliability needed to raise probative value.
Prejudicial Effect
Moral Prejudice - concenrs similar to excluding bad character evidnece. Will trier of fact make prejudicial inference on basis of accused joining fictitious crim organization?
Reasoning prejudice - will it take too long, cause trier to lose focus? Usually takes years.
Abuse of Process
Can exclude even reliable mr big confessions w doctrine of abuse of process
Has to be coercion, not just inducement.
Implied threats = coercion
Staged beatings have been held not to be an abuse of process
Not limited to coercion though, just has to be misconduct amounting to abuse of process
