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CA (620,000)
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SOCI 327 (100)
Lecture 22

SOCI 327 Lecture Notes - Lecture 22: Guy Paul Morin, Informant, Voir Dire


Department
Sociology
Course Code
SOCI 327
Professor
Steve Dumas
Lecture
22

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Police can choose to lay an information against a suspect
Justice of the peace will determine whether the case has been properly laid
out
If so, an arrest/summons may be issued
Tradition that the criminal justice system cannot proceed until a judicial
officer is satisfied that a case exits against the accused
Laying the Information
To obtain a warrant, police must go before a justice of the peace and lay
an information
Police must verbally inform a person that they are under arrest
A person must be informed of their rights
Every Canadian has the right to life, liberty and security (Charter)
Once arrested, the accused may choose to remain silent or answer
questions
Confession is a important piece of evidence
Second to eyewitness account
Voluntary are readily admitted into court as evidence
False confessions
Main goal of an interrogation is to solicit a confession
Custodial Interrogation
§
Suspects encouraged to think positively of interrogators
Conditioning
§
Infer that rights are unimportant, victims of crime are more
important
De-emphasizing
§If the suspect does not speak, then only the victims' voice will
be heard
Persuasion strategy
Key components of interrogations
Confessions are to be made voluntarily
Hearing known as voir dire is held to acertain whether a confession has
been obtained voluntarily
A charter violation deos not automatically exclude evidence
Confessions
Number of inquiries into wrongful convictions
§Acting in self interest?
§Usually awaiting trial of another case, provide evidence in
return for some benefit
§Question of reliability
Both involved jailhouse informants
20% of wrongful convictions involved a jailhouse informant.
Vetrovec warning: judges should warn jurors about accepting
evidence from jailhouse informants.
Guy Paul Morin, Thomas Sophenow
Jailhouse interrogations
Section 10(b) of the charter states tht eeryone has the right to contact a
lawyer
Accused also has the right to privacy
Right to councel is not absolute: person can willingly refuse
No right to counsel in subsquent interviews
Not a continuing right
Right to Counsel
Arrest & Detainment
Wednesday,* March*23,*2016
10:44*AM
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