Common Law for Crime Confession in Canada: Assignment
Added on 2020-04-01
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Running head: INTERVIEWING RULES1Interviewing RulesStudent’s NameUniversity’s Name
INTERVIEWING RULES2Table of ContentsAnswer 1..........................................................................................................................................3Answer 2..........................................................................................................................................3Answer 3..........................................................................................................................................4Answer 4..........................................................................................................................................5Answer 5..........................................................................................................................................5Answer 6..........................................................................................................................................6Answer 7..........................................................................................................................................7References........................................................................................................................................7
INTERVIEWING RULES3Answer 1The common law for crime confession in Canada states that all the statements made a “person in authority” must be considered to be as voluntary for the purpose of admission of crime. It is also referred to as the rule of confession in Canada. Taking into consideration, the fact, the criteria regarding the authoritative person include peace officer, social workers, or the interpreters assisting the police in the process of interrogation of the accused persons. The statement of confession received by the authoritative person can be assessed by the determination, on the basis of the reasonable perception of the accused in relation to the role of the person involved in the criminal procedure, as it has already been mentioned in the 3rdparagraph of pg. 524 of the article[ CITATION Ste09 \l 1033 ]. In the existing case, 16 year boy had admitted his crime in front of his mother, whom he supposed to, in no way playing a role in the criminal procedure. Firstly, the boy is mature enough to understand the idea behind "person in authority", so the confession of the boy in front of his mother can be considered to be as voluntary, despite his mother not being an authoritative person.Answer 2It was stated by Supreme Court of Canada in R. versus Rothman (1981) that the confession will be considered as admissible instead of the fact that a trick was planned by an undercover police officer to unravel the crime committed by the accused. In this case, the accused was unaware while disclosing the information that the person with whom, he was communicating, was a "person in authority" as it had already mentioned in the last paragraph of pg. 326 of the article[ CITATION Smi12 \l 1033 ]. In the present case, two male suspects were advised by their lawyers not to make statements in the police station. So, they were kept in a cell
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